Ramesh @ Mattu Ramesh v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Ramesh @ Mattu Ramesh ...
Petitioner Vs.
1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.
2.District Collector and District Magistrate Ranipet District, Ranipet.
3.The Superintendent of Police Ranipet District, Ranipet.
4.The Superintendent of Prison Central Prison Vellore.
5.The Inspector of Police Timiri Police Station Ranipet District.
...
Respondents 1/8
PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 25.03.2023 in B3/D.O.No.006/2023 petitioner / detenu Ramesh @ Mattu Ramesh, Male aged 51 years S/o. Sokkalingam, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :
Mr.D.Balaji For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.
] When the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] was listed in the Admission Board on 18.04.2023, this Court made the following order:
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2.The aforementioned Admission Board order captures all essential facts and therefore, we are not setting out the same again. Be that as it may, we are using the short forms, short references and abbreviations used in the Admission Board order in this order also for the sake of convenience and clarity.
3.As would be evident from paragraph 5 of the Admission Board order, at the time of admission, learned counsel posited his challenge to the impugned preventive detention order on the ground that the remand order has not been properly translated but in the final hearing Board today, learned counsel placed before us the grounds booklet served on the detenu and drew our attention to page no.98 thereat which is a Mahazar i.e., Mahazar in the ground case.
4.Adverting to the same, learned counsel submits that the same is not readable at all.
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5.We perused the aforementioned page in the grounds booklet and we find no reason to disagree with the learned counsel for petitioner. 6.As the aforementioned point turns on records before us, learned Prosecutor really does not have much of a say. 7.This Court finds that the Mahazar in the ground case is a very critical document and the same being furnished in a manner which is not readable has certainly impaired the rights of the detenu to make an effective representation against the impugned preventive detention order. Such a right is a very sacrosanct right ingrained in Article 22 (5) of Constitution of India. Impairment of this right vitiates a preventive detention order leaving it liable for being dislodged in a Habeas legal drill. Following this principle, we have no hesitation in saying that the case on hand is one where the impugned preventive detention order deserves to be dislodged. 8.Apropos, the sequitur is captioned HCP is allowed. Impugned detention order dated 25.03.2023 bearing reference B3/D.O.No.06/2023 6/8
made by the second respondent is set aside and the detenu Thiru. Ramesh @ Mattu Ramesh, aged 51 years, son of Thiru. Sokkalingam is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 14.08.2023 Index : Yes Speaking order TK P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Vellore.
To 1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.
2.District Collector and District Magistrate Ranipet District, Ranipet.
3.The Superintendent of Police, Ranipet District, Ranipet. 4.The Superintendent of Prison, Central Prison, Vellore. 5.The Inspector of Police, Timiri Police Station, Ranipet District. 6.The Public Prosecutor, Madras High Court, Madras. 7/8
M.SUNDAR, J.
AND R.SAKTHIVEL, J.
TK 14.08.2023 8/8