Ulaganathan v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.11.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN Ulaganathan .. Petitioner Vs.

1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-9 2.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai 3.The Superintendent of Police Tiruvannamalai District, Tiruvannamalai 4.The Superintendent of Prison Central Prison, Vellore 5.The Inspector of Police Tiruvannamalai Town Police Station Tiruvannamalai District .. Respondents 1/4

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the 2nd respondent 27.04.2022 in D.O.No.49/2022-C2 against the petitioner son Mathi @ Mithulan, male, aged about 23 years, S/o.Ulaganathan who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner : Mr.Mohammed Saifullah for Mr.D.Balaji For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] The petitioner is the father of the detenu viz., Mathi @ Mithulan, aged about 23 years, S/o.Ulaganathan. The detenu has been detained by the 2nd respondent by his order dated 27.04.2022 in D.O.No.49/2022-C2, holding him to be a "GOONDA", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

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3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.

4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially the 161 statement available at Page Nos.181 to 183 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenu to effectively defend himself against his detention. Thus, the impugned detention order is liable to be set aside on this ground. In the result, the Habeas Corpus Petition is allowed and the order of detention in D.O.No.49/2022-C2 dated 27.04.2022, passed by the 2nd respondent is set aside. The detenu viz., Mathi @ Mithulan, aged about 23 years, S/o.Ulaganathan, is directed to be released forthwith, unless his detention is required in connection with any other case.

[P.N.P., J.] [T K R, J.] gya 04.11.2022 Issue order copy by 07.11.2022 3/4

P.N.PRAKASH, J.

AND RMT.TEEKAA RAMAN, J.

gya To 1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-9 2.The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9 3.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai 4.The Superintendent of Police Tiruvannamalai District, Tiruvannamalai 5.The Superintendent of Prison Central Prison, Vellore 6.The Inspector of Police Tiruvannamalai Town Police Station Tiruvannamalai District 7.The Public Prosecutor High Court, Madras 04.11.2022 4/4