Chinnapappa v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Chinnapappa W/o.Logesh ..
Petitioner Vs.
1.
The State of Tamil Nadu Rep. by its Secretary to Government Home Prohibition and Excise (XVI) Department Fort St.George, Secretariat Chennai-600 009.
2.
The District Collector & District Magistrate Tirupathur District Tirupathur - 635 601.
3.
The Superintendent of Police Tirupathur District Tirupathur - 635 601.
4.
The Superintendent of Prison Central Prison, Vellore, Vellore District.
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5.
The Inspector of Police Tirupathur Town Police Station Tirupathur District.
..
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 in connection with the order of detention passed by the second respondent dated in his office Ref. C3/D.O.No.39/2022 dated 28.07.2022 against the petitioner's son by name Thiru.Logesh, Son of Murugesh @ Murugesan, aged about 22 years, now confined at Central Prison, Vellore District and set aside the same and direct the respondents to produce the above said detenu before this Hon'ble Court and set him at liberty.
For Petitioner :
Mr.E.Kannadasan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[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 28.07.2022 bearing reference C3/D.O.No.39/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the Page Nos.2/8
detaining authority as impugned detention order has been made by second respondent.
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 is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.89 of 2022 on the file of Tirupathur Town Police Station for alleged offences under Sections 294(b), 323, 324, 302 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.3/8
4. Mr.E.Kannadasan, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr. Mr.M.Sylvester John, learned counsel for all respondents are before us.
5. Learned counsel for petitioner submits that 'live and proximate link' between the grounds of detention and purpose of detention has snapped as date of remand in the ground case is 17.05.2022 but the impugned detention order has been made only on 28.07.2022.
6. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, submits to the contrary by saying that materials had to be collected and time was consumed for the same. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned Prosecutor is unacceptable.
7. We remind ourselves of Sushanta Kumar Banik's case [Sushanta Page Nos.4/8
Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw (SC) 813 : 2022 SCC OnLine SC 1333]. To be noted, Banik case law arose under 'Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988' [hereinafter 'PIT NDPS Act' for the sake of brevity] in Tirupura, wherein after considering the proposal by the Sponsoring Authority and after noticing the trajectory the matter took, Hon'ble Supreme Court held that the 'live and proximate link between grounds of detention and purpose of detention snapping' point should be examined on a case to case basis. Hon'ble Supreme Court has held in Banik case law that this point has two facets. One facet is 'unreasonable delay' and other facet is 'unexplained delay'. We find that the captioned matter falls under latter facet i.e., unexplained delay.
8. Before concluding, we also remind ourselves that preventive detention is not a punishment and HCP is a high prerogative writ. Page Nos.5/8
9. Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 28.07.2022 bearing reference C3/D.O.No.39/2022 made by the second respondent is set aside and the detenu Thiru.Logesh, age 22 years, Son of Thiru.Murugesh @ Murugesan 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.) 08.03.2023 Index : Yes / No Speaking / Non-speaking mk P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Vellore.
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To 1.
The State of Tamil Nadu Rep. by its Secretary to Government Home Prohibition and Excise (XVI) Department Fort St.George, Secretariat Chennai-600 009.
2.
The District Collector & District Magistrate Tirupathur District Tirupathur - 635 601.
3.
The Superintendent of Police Tirupathur District Tirupathur - 635 601.
4.
The Superintendent of Prison Central Prison, Vellore, Vellore District.
5.
The Inspector of Police Tirupathur Town Police Station Tirupathur District.
6.
The Public Prosecutor High Court, Madras.
M.SUNDAR, J., and Page Nos.7/8
M.NIRMAL KUMAR, J., mk 08.03.2023 (4/4) Page Nos.8/8