Ajaybabu v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.882 of 2024 Ajaybabu ... Petitioner/husband of the detenue Vs.
1.
The State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009.
The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
The Superintendent of Prisons, Special Prison for Women, Puzhal, Chennai - 600 066.
Inspector of Police, F 5 Choolaimedu Police Station, Chennai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records leading to the detention of the petitioner's wife Jayanthi wife of Ajaybabu, female, aged about 32 years the detenu herein presently lodged in Special Prison for Women, Puzhal at Chennai who has been detained under Act 14/82 as a "Goonda" vide detention order dated 20.11.2023 made in No.601/ BCDFGISSSV/2023 by the 2nd respondent herein and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty. For Petitioner : Mr.M.Rajavelu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent dated 20.11.2023 is sought to be quashed in the present habeas corpus petition.
The proceedings of the learned XVII Metropolitan Magistrates Court, Saidapet - 15 enclosed at Page No.43 of the volume I of the booklet has not been properly translated.
The detention order would reveal that the detenue is habitually involved in commission of Offences under Section 380 of IPC. The learned Additional Public Prosecutor would submit that the husband of the detenue is the native of State of Karnataka. 5.
Under these circumstances, the local police can have an effective surveillance over the activities of the detenue instead of detaining the detenue under preventive law for a longer period. 6.
When a person is under preventive detention for about 09 months and when the procedures are not followed scrupulously, this Court has no option but to invoke discretionary powers, so as to assail the detention order.
7.
Preventive detention is not penal in nature but is only a regulatory measure to the prevent commission of crimes. The balance between the right to personal liberty and the public order must be achieved.
While adopting a pragmatic approach, the antecedent of the detenue is also to be taken into consideration by the Courts. 8.
The detenue has already undergone imprisonment for about 09 months under the preventive detention law. That being the factum, keeping the detenue any more under preventive detention law is not desirable, since such detention is made in anticipation of commission of crime, which cannot be prolonged beyond the reasonable period of time. 9.
Accordingly, the impugned order of detention passed by the second respondent in proceedings No.601/ BCDFGISSSV/2023 dated 20.11.2023 is quashed and the habeas corpus petition stands allowed. The detenue viz., Jayanthi wife of Ajaybabu, female, aged about 32 years lodged at Special Prison for Women, Puzhal at Chennai is directed to be set at liberty forthwith, unless she is required in connection with any other case. [S.M.S., J.] [V.S.G., J.] 20.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
The Superintendent of Prisons, Special Prison for Women, Puzhal, Chennai - 600 066.
5.
Inspector of Police, F 5 Choolaimedu Police Station, Chennai.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda H.C.P.No.882 of 2024 20.08.2024