Salma v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Salma .. Petitioner / Wife of detenu vs The State represented by its 1.The Additional Chief Secretary to Government (Home) Prohibition and Excise Department Government of Tamilnadu Fort St.George, Chennai - 600 009.
2.The Commissioner of Police Greater Chennai Office of the Commissioner of Police (Goondas Section) Vepery, Chennai - 600 007
3. The Inspector of Police G-2 Police Station Periyamedu, Chennai 4.The Superintendent Central Prison Puzhal, Chennai - 600 066 .. Respondents 1/13
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records pertaining to the order of detention dated 28.12.2022 passed by the 2nd respondent in BCDFGISSSV No.488/Goonda/Chennai City/2022 and quash the same and produce the detenu Asharaf Ali, Son of Dusthageer, aged about 28 years before this Court and set him at liberty and the detenu is now confined at Central Prison - II, Puzhal.
For Petitioner :
Mr.J.Allwyn Selva Glad for Mr.D.Mario Johnson For Respondents :
Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the wife of the detenu assailing a 'preventive detention order dated 28.12.2022 bearing reference BCDFGISSSV No.488/2022' [hereinafter 'impugned preventive detention order' for the sake of convenience and brevity]. To be noted, third respondent is the sponsoring authority and second respondent is the detaining authority as impugned preventive detention order has been made by second respondent. 2/13
2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.
3.There is no ground case. The solitary case which is sole substratum of the impugned preventive detention order is Crime No.301 of 2022 on the file of G-2 Periyamedu Police Station for alleged offences under Sections 147, 148, 341 and 302 of 'Indian Penal Code, 1860 (Act 45 of 1860)' ['IPC' for brevity]. 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.
4. Mr.J.Allwyn Selva Glad, 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. 3/13
5.
When the matter was taken up this Court was informed that co-accused was also clamped with a preventive detention order akin to the impugned preventive detention order, the same was assailed by the co-accused vide H.C.P.No.234 of 2023 and it was allowed on 28.06.2023. This order is as follows:
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6. This Court was further informed that the same point on which this Court interfered with the impugned preventive detention order in the case of co-accused is available in the case on hand also. Therefore, following the aforementioned order in H.C.P.No.234 of 2023, captioned HCP is also allowed.
7. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 28.12.2022 bearing reference No.488/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru. Asharaf Ali, aged 28 years, Son of Thiru. Dusthageer, 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.) 31.07.2023 Index : Yes gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
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To 1.The Additional Chief Secretary to Government (Home) Prohibition and Excise Department Government of Tamilnadu Fort St.George, Chennai - 600 009.
2.The Commissioner of Police Greater Chennai Office of the Commissioner of Police (Goondas Section) Vepery, Chennai - 600 007
3. The Inspector of Police G-2 Police Station Periyamedu, Chennai 4.The Superintendent Central Prison Puzhal, Chennai - 600 066 5.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL , J., gpa 31.07.2023 13/13