Seniyamma v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1531 of 2024 Seniyamma ... Petitioner Vs.
1.
The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.
2.
The Commissioner of Police, Avadi City.
3.
The Superintendent, Central Prison, Puzhal, Chennai - 66.
The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records relating to the impugned order No.52/BCDFGISSSV/2024 dated 22.05.2024 on the file of the 2nd respondent herein and set aside the same as illegal and direct the
respondents to produce namely Ajith son of Lakshmanan, aged about 25 years, now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.
For Petitioner : Mr.G.Vinodhkumar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner herein is the mother of the detenue viz., Ajith, S/o. Lakshmanan confined at Central Prison, Puzhal Chennai, has come forward with this petition challenging the detention order passed by the second respondent in proceedings No.52/BCDFGISSSV/2024 branding him as "Goonda" under Tamil Nadu Act 14 of 1982.
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Though several points have been raised by the learned counsel for the petitioner, it is stated that the detention order is liable to be quashed on
the ground that the copy of the special report served on the detenue would reveal that no date has been mentioned.
The special report is a relevant document for the purpose of passing an order of detention. Therefore, undated report caused prejudice to the detenue for making effective representation to the authorities against the order of detention.
5. Hence, for the aforesaid reason, the detention order passed by the second respondent in proceedings No.52/BCDFGISSSV/2024 dated 22.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue viz., Ajith, aged about 25 years, now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case.
[S.M.S., J.] [V.S.G., J.] 09.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.
2.
The Commissioner of Police, Avadi City.
3.
The Superintendent, Central Prison, Puzhal, Chennai - 66.
The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.
5.
The Additional Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda H.C.P.No.1531 of 2024 09.08.2024