Sathish v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2021 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Ms. Justice R.N.MANJULA H.C.P. No.2039 of 2020 Sathish ... Petitioner -vs1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate of Tirupathur District, Tirupathur - 1.
3.The Superintendent of Police, Tirupathur District, Tirupathur - 1.
4.The Superintendent of Prison, Central Prison, Vellore - 2.
5.The Inspector of Police, Tirupathur Town Police Station, Tirupathur District.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records in Connection with the order of Detention passed by the second respondent 06.10.2020 in C3/D.O.No.46/2020 against me Sathish, Male aged 23 years, S/o.Venkatesh, who is confined at Central Prison, Vellore, and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty.
For Petitioner : Mr.D.Balaji For Respondents : Mr.R.Muniyapparaj Government Advocate (Crl. Side)
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner - Sathish, S/o.Venkatesh, aged about 23 years, is the detenu. The detenu has been detained by the second respondent by his order in C3/D.O.No.46/2020 dated 06.10.2020, holding him 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 Government Advocate (Criminal Side) 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 detenu, has not furnished the legible copies of the documents relied on by him. 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 the Form 91 pertaining to the adverse case at Page No.171 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 C3/D.O.No.46/2020 dated 06.10.2020, passed by the second respondent is set aside. The detenu, namely, Sathish, S/o.Venkatesh, aged about 23 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mmi/rna
To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate of Tirupathur District, Tirupathur - 1.
3.The Superintendent of Police, Tirupathur District, Tirupathur - 1.
4.The Superintendent of Prison, Central Prison, Vellore - 2.
5.The Inspector of Police, Tirupathur Town Police Station, Tirupathur District.
6.The Joint Secretary to the Government, Law and Order, Fort St.George, Chennai-9.
7.The Public Prosecutor, High Court, Madras.
H.C.P.No.2039 of 2020 RLD(CO) CB(21/06/2021)