Bakiyalakshmi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Bakiyalakshmi .. Petitioner Vs 1.State of Tamil Nadu Rep. By The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.
2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 7.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.
4.The Inspector of Police, V3, J.J.Nagar Police Station, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the detention order in Memo No.168/BCDFGISSSV/2022 dated 24.06.2022 passed by the second respondent under the Tamil Page Nos.1/7
Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Thiru.Bharathidasan @ Psycho Bharathi, S/o.Ramamoorthy, aged about 22 years, the detenu, now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's son Thiru.Bharathidasan @ Psycho Bharathi, S/o.Ramamoorthy, aged about 22 years, the detenu herein at liberty. For Petitioner :
Mr.S.Senthilvel for Mr.D.Gopikrishnan For Respondents :
Mr.R.Muniyapparaj 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 mother of detenu assailing a 'preventive detention order dated 24.06.2022 bearing reference Memo No.168/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
Page Nos.2/7
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 are six adverse cases. The ground case which is the sole substratum of the impugned detention order is Crime No.207 of 2022 on the file of V-3 J.J.Nagar Police Station for alleged offences under Sections 294(b), 323, 324, 353 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.
Page Nos.3/7
4. Mr.S.Senthilvel, learned counsel representing counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor for all respondents are before us.
5. Though several grounds have been urged in the support affidavit, learned counsel for petitioner at the hearing exhorted one point in his campaign against the impugned detention order and that one point turns on delay in considering a representation sent qua impugned detention order.
6.
Responding to the submission, learned State Additional Public Prosecutor submitted to the contrary and placed before us the list of dates and the details are as follows: 'Representation dated ..
05.08.2022 Representation received on dated ..
12.08.2022 File submitted on dated ..
17.08.2022 Under Secretary dealt with on ..
17.08.2022 Deputy Secretary dealt with on ..
17.08.2022 Minister dealt with and file received on ..
24.08.2022 Rejected letter prepared on ..
24.08.2022'
Page Nos.4/7
7.
A careful perusal of the list of dates brings to light that there is three days delay in considering the representation. As regards making an effective representation against a preventive detention order, the same is a constitutional safeguard ingrained in Clause 5 of Article 22 of the Constitution of India. If this constitutional safeguard is hampered, it vitiates the impugned detention order. We also hasten to make it clear that there cannot be any straight jacket formula with regard to number of days within which a representation has to be disposed of. Delay in considering the representation point has to be dealt with on case to case basis. Considering the facts and circumstances of the case and the nature of the matter, we find that this delay has caused infraction of the detenu's rights qua the preventive detention order. We find that the delay of three days excluding five public/government holidays is not justified and the point urged by the petitioner enures to the benefit of the petitioner.
8. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 24.06.2022 bearing reference Memo No.168/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Bharathidasan @ Psycho Bharathi, male, Page Nos.5/7
aged 22 years, son of Thiru.Ramamoorthy 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.) (M.N.K.,J.) 14.03.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai. To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.
2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 7.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.
4.The Inspector of Police, V3, J.J.Nagar Police Station, Chennai.
5.The Public Prosecutor, High Court, Madras.
Page Nos.6/7
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 14.03.2023 Page Nos.7/7