Arokiyamerry v. The Secretary To Government Home

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.NO.1164 OF 2019 Arokiyamerry .. Petitioner/ Mother of the Detenue Vs

1. The State of Tamil Nadu rep.by The Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to call for the records and quash the same leading to the detention of the petitioner's son Jegan @ Karuppu Jegan, son of Kulanthaisami, aged 28 years, detained under Act 14/82 vide detention order dated 16.05.2019 on the file of the second respondent herein made in Memo No.257/BCDFGISSSV/2019 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 from Central Prison, Puzhal, Chennai.

For Petitioner : Mr.M.Baskar For Respondents : Ms.V.Saradha Devi Govt.Advocate (Crl. Side)

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner, who is the mother of the detenu Jegan @ Karuppu Jegan, son of Kulanthaisami, aged 28 years, has come up with this habeas corpus petition, challenging the detention

order passed by the second respondent, vide Memo in No.257/ BCDFGISSSV/2019 dated 16.05.2019, branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. We have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents and we have also perused the records carefully.

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 detenu, has not furnished the legible copies of the documents relied on by him and this deprived the detenu 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 Page Nos.9 and 14 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenu to effectively defend himself against his detention. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo in No.257/BCDFGISSSV/2019 dated 16.05.2019 passed by the second respondent is set aside. The detenu, namely, Jegan @ Karuppu Jegan, son of Kulanthaisami, aged 28 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Secretary to the Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Joint Secretary to Government Public (Law & Order), Fort St.George, Chennai-9.

3. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 7.

4. The Superintendent, Central Prison, Puzhal, Chennai.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.1164 of 2019 PVS(CO) CS/30/10/2019