Subramani v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.268 of 2016 Subramani .. Petitioner vs.

1.The State by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9.

2.The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, call for the entire records culminating in the detention of the petitioner's son Hari @ Haridass who has been detained under Act 14 of 1982 vide detention order dated 05.01.2016 on the file of the 2nd respondent herein, made in proceedings in BCDFGISSSV No.3/2016 quash the same as illegal and consequently, direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from Central Prison-II, Puzhal, Chennai-60.

For Petitioner .. Mr.C.Mohanraj For Respondents .. Mr.V.M.R.Rajentren, APP

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Mr.Hari @ Haridass, aged at 23 years, residing at No.30, Perumal Koil Street, Thiru.Vi.Ka.Nagar, Minjur, Ponneri Taluk, Thiruvallur District. The 2nd respondent by his Proceedings in BCDFGISSSV No.3/2016 dated 05.01.2016 has declared him as a Sexual Offender in terms

of Tamil Nadu Act 14 of 1982 and ordered him to be detained for one year by way of preventive detention. In pursuance of the same, now, he has been detained in Central Prison-II, Puzhal, Chennai.

Challenging the said order of detention, the petitioner is before this Court with this Habeas Corpus Petition. 2.

In this case, one Mr.V.Murugesan, the learned Counsel was on record. Thereafter, one Mr.N.Sudharsan, the learned Counsel entered appearance. The matter was adjourned time and again at the request of the learned Counsel for the petitioner. Finally, it came up on 08.08.2016 on which date also, on the request made by the learned Counsel for the petitioner, the matter was adjourned today.

3.

Today, Mr.N.Sudharsan, the learned Counsel for the petitioner would submit that he withdraws his appearance in this matter and accordingly, he has made an endorsement. Mr.C.Mohanraj, the learned Counsel would submit that he has been instructed to appear on behalf of the petitioner. 4.

We heard the learned Counsel for the petitioner, the learned Additional Public Prosecutor and we have also perused the records carefully.

5.

The learned Counsel for the petitioner would submit that in the booklet, certain irrelevant papers have also been furnished to the detenu.

6.

Except this ground, the learned Counsel for the petitioner has not argued any other ground before this Court. It is true that several papers have been furnished to the detenu. But it is not every paper that has been furnished to the detenu is material. We are concerned only with the application of mind by the Detaining Authority into the material paper so as to come to a conclusion as to whether the detention of the detenu is absolutely necessary under Act 14 of 1982. Simply because, the Detaining Authority had furnished certain irrelevant papers, it does not mean that the Detaining Authority had no application of mind. In our considered view, going through the records and going by the gravity of the offence committed by the detenu, we find no illegal detention order warranting interference at the hands of this Court.

7.

In the result, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-9.

2.The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison II, Puzhal, Chennai.

5.The Joint Secretary to Government, Public (Law & Order), Fort St. George, Chennai-9.

H.C.P.No.268 of 2016 kgk[co] srg 09/09/2016