Velanganni v. Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Velanganni W/o Thambidurai ..
Petitioner v.
1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat Chennai 600 009
2. The Commissioner of Police Greater Chennai Office of the Commissioner of Police (Goondas Section) Vepery, Chennai 600 007
3. The Superintendent of Prison Central Prison-II, Puzhal Chennai 600 066
4. The Inspector of Police F-4, Thousand Lights Police Station Chennai 600 006 ..
Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent in No.206/BCDFGISSSV/2023 dated 02.06.2023, and quash the same and direct the respondents to produce the body and person of detenu namely Mathew @ Vasanth, S/o Thambidurai aged 25 years detained in Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty forthwith.
For Petitioner ::
Mr.B.M.Santharam For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the mother of the detenu, namely, Mathew @ Vasanth, aged 25 years, S/o Thambidurai, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 02.06.2023 slapped on her son, branding him as 'Goonda' 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 14 of 1982).
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, learned counsel appearing for the petitioner confined his argument to the point that there is a delay in furnishing the grounds of detention to the detenue.
4. It is seen that the grounds of detention were served on the detenu only on 08.06.2023. This fact is not disputed by the learned Additional Public Prosecutor appearing for the respondents. It is to be noted that by virtue of Article 22(5) of the Constitution of India, when a person is detained under any law providing for preventive detention, the authority passing the order is required to communicate the grounds on which the order was passed. It is only in terms of Article 22(5) of the Constitution, Section 8 of the 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 14 of 1982) has made it mandatory on the part of the detaining authority to communicate the grounds of detention to the detenu within five days from the date of his detention. In this case, as admitted by the respondents, the mandatory requirement is not satisfied and therefore the order of detention is liable to be quashed.
5. In view of the aforesaid reason, the detention order passed by the 2nd respondent dated 02.06.2023 in No.206/BCDFGISSSV/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Mathew @ Vasanth, S/o Thambidurai, aged 25 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case. Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 03.11.2023 ss
To
1. The Addl. Chief Secretary to Government Department of Home, Prohibition and Excise 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 Superintendent of Prison Central Prison-II, Puzhal Chennai 600 066
4. The Inspector of Police F-4, Thousand Lights Police Station Chennai 600 006
5. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 03.11.2023