Jothilakshmi v. 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 Jothilakshmi W/o.Rajkumar .. Petitioner / Friend of Detenue Vs.
1.State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Viluppuram District, Viluppuram.
3.The Superintendent of Police, Viluppuram District, Viluppuram.
4.The Inspector of Police, Kottakuppam Police Station, Viluppuram District.
5.The Superintendent, Central Prison, Cuddalore.
... Respondents Page Nos.1/16
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records, relating to petitioner's friend detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 20.02.2023 on the file of the second respondent herein made in proceedings Rc.No.C2/13239/2023 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's friend namely, Ahamed Hassain alias Aatti, aged 22 years, son of Pakkeer Mohamed alias Basha, before this Court and set him at liberty, now petitioner's friend detained at Central Prison, Cuddalore. For Petitioner : Mr.C.C.Chellappan 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.2/16
Page Nos.3/16
Page Nos.4/16
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 one adverse case and one ground case. The ground case which constitutes substantial part of substratum of the impugned preventive detention order is Crime No.38 of 2023 on the file of Kottakuppam Police Station for the alleged offences under Sections 341, 294(b), 342, 307 and 506(ii) 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.C.C.Chellappan, learned counsel for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.
Page Nos.5/16
6. When the captioned matter was taken up for final hearing, Mr.C.C.Chellappan, learned counsel for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for respondents submitted in one voice that co-accused in the ground case, namely, Ajithraj alias Raj, aged 21 years, son of Mr.Sivakumar was also clamped with an identical preventive detention order [identical to impugned preventive detention order in the captioned matter]. Friend of co-accused challenged Ajithraj's preventive detention order vide H.C.P.No.635 of 2023 and this Court in and by an order dated 31.07.2023 allowed the HCP primarily on the ground that similar case relied on by the Detaining Authority is Covid-19 bail order.
7. To be noted, order dated 31.07.2023 in H.C.P.No.635 of 2023 is citation is 2023:MHC:3528.
8. A scanned reproduction of 2023:MHC:3528 reads as follows: Page Nos.6/16
Page Nos.7/16
Page Nos.8/16
Page Nos.9/16
Page Nos.10/16
Page Nos.11/16
Page Nos.12/16
Page Nos.13/16
9. There is no disputation that the point on which co-accused Ajithraj's preventive detention order was dislodged is available to the detenu in the Page Nos.14/16
captioned matter also. Therefore, following Ajithraj's case in 2023:MHC:3528, we hold that impugned preventive detention order in the captioned HCP is liable to be set aside and captioned HCP also deserves to be allowed.
10. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 20.02.2023 bearing reference Rc.No.C2/13239/2023 made by the second respondent is set aside and the detenu Thiru.Ahamed Hassain alias Aatti, aged 22 years, son of Thiru.Pakkeer Mohamed alias Basha 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, Cuddalore.
Page Nos.15/16
M.SUNDAR, J.
and R.SAKTHIVEL , J.
rsi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Viluppuram District, Viluppuram.
3.The Superintendent of Police, Viluppuram District, Viluppuram.
4.The Inspector of Police, Kottakuppam Police Station, Viluppuram District.
5.The Superintendent, Central Prison, Cuddalore.
6.The Public Prosecutor Madras High Court, Chennai 07.08.2023 Page Nos.16/16