P.Pandiselvi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL P.Pandi Selvi W/o.Baranidharan @ Bharani .. Petitioner / Wife of Detenue Vs.
1.State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Detaining Authority, Tiruppur City.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, 15 Velampalayam Police Station, Tiruppur City.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to produce the body of the Detenu Page Nos.1/14
namely Baranidharan @ Barani, son of Pandiyan, aged about 26 years, who is confined at Central Prison, Coimbatore before this Court and set him at liberty forthwith, by calling for the records pertaining to the detention order dated 15.02.2023 made in C.No.01/G/IS/Tiruppur City/2023, passed by the 2nd respondent, quash the same as illegal.
For Petitioner : Mr.S.Anbazhagan for Mr.A.Balaji For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity].
2. When the captioned HCP was listed in the admission board on 28.04.2023, the following order was made by this Court. Page Nos.2/14
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3. The aforementioned order / proceedings shall now be read as an integral part and parcel of this order. This means that the short forms, short references and abbreviations used in the earlier order dated 28.04.2023 will continue to be used in the instant order also.
4. There is no adverse case. The ground case which is the sole substratum of the impugned preventive detention order is Crime No.867 of 2022 on the file of 15 Velampalayam Police Station for an alleged offence under Section 302 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.
5. Mr.S.Anbazhagan, learned counsel representing the counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.
6. When the captioned matter was taken up, Mr.S.Anbazhagan, learned counsel for petitioner and Mr.E.Raj Thilak, learned Additional Public Page Nos.5/14
Prosecutor appearing for respondents submitted that co-accused in the ground case, namely, Vignesh @ Maruthupandi, aged 23 years, son of Mr.Palmani was also clamped with a similar preventive detention order [similar to the impugned preventive detention order which has been assailed in the captioned HCP]. Mr.Vignesh's preventive detention order was assailed by his wife vide H.C.P.No.406 of 2023 and the same was allowed by this Court in and by an order dated 24.07.2023.
7. A scanned reproduction of the order dated 24.07.2023 in H.C.P.No.406 of 2023 as downloaded from the official website of this Court is as follows:
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8. There is no disputation or disagreement that the point on which H.C.P.No.406 of 2023 was allowed [live and proximate link between grounds of detention and purpose of detention has been snapped] is available Page Nos.12/14
in the captioned HCP also, as the date of arrest in the solitary ground case is 05.12.2022 and the impugned preventive detention order has been made only on 15.02.2023. This reminds us of the age old adage 'sauce for the goose is sauce for the gander too'. Therefore, we have no hesitation in saying that captioned HCP deserves to be allowed and impugned preventive detention order in the captioned HCP also deserves to be set aside.
9. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 15.02.2023 bearing reference C.No.01/G/IS/Tiruppur City/2023 made by the second respondent is set aside and the detenu Thiru.Baranidharan alias Barani, aged 26 years, son of Thiru.Pandian 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.) 07.08.2023 Index : Yes Speaking order rsi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Coimbatore.
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M.SUNDAR, J.
and R.SAKTHIVEL , J.
rsi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Detaining Authority, Tiruppur City.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, 15 Velampalayam Police Station, Tiruppur City.
5.The Public Prosecutor Madras High Court, Chennai 07.08.2023 Page Nos.14/14