P.M.Pandidurai v. The Addl.Chief Secretary To Government, Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN P.M.Pandidurai .. Petitioner Vs 1.The Additional Chief Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai - 600 009.
2.The Commissioner of Police Greater Chennai 3.The Superintendent of Prison Special Prison for Women Puzhal, Chennai 66 4.The Inspector of Police Team 7, Chit and Kandhuvatti Central Crime Branch-I Chennai .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records in connection with the order of detention passed by the 2nd respondent dated 13.04.2022 in Memo No.68/BCDFGISSSV/2022 against the petitioner's mother Shanmugasundari @ Sundari, aged 49 years, W/o.Mohan, who is confined at Special Prison for Women, Puzhal,
Chennai and set aside the same and direct the respondents to produce the detenue before this Court and set her at liberty. For Petitioner : Mr.S.Senthilvel For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J.) The petitioner is the son of the detenue viz., Shanmugasundari @ Sundari, aged about 49 years, W/o.Mohan. The detenue has been detained by the second respondent by his order in No.68/BCDFGISSSV/2022 dated 13.04.2022, holding her 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. We have also perused the records produced by the Detaining Authority.
3.
Though 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 detenue, has not furnished the legible copies of the documents relied on by her. This deprived the detenue 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 documents available at Page Nos.629 and 635 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenue to effectively defend herself against her 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 No.68/BCDFGISSSV/2022 dated 13.04.2022, passed by the second respondent is set aside. The detenue, viz., Shanmugasundari @ Sundari, aged about 49 years, W/o.Mohan, is directed to be released forthwith unless her detention is required in connection with any other case.
(P.N.P., J.) (T K R, J.) 02.11.2022 nsd
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd To 1.The Additional Chief Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai - 600 009.
2.The Commissioner of Police Greater Chennai 3.The Superintendent of Prison Special Prison for Women Puzhal, Chennai 66 4.The Inspector of Police Team 7, Chit and Kandhuvatti Central Crime Branch-I Chennai 5.The Joint Secretary to Government of Tamil Nadu Public, Law and Order Department Secretariat, Chennai - 9 6.The Public Prosecutor High Court, Madras 02.11.2022