Siva v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM and THE HON'BLE MR.JUSTICE M.V.MURALIDARAN H.C.P.No. 272 of 2016 Siva ... Petitioner Vs.

1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.The Commissioner of Police Greater Chennai Police.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records in connection with the order of Detention passed by the second respondent dated 15.12.2015 in Memo No.1243/BCDFGISSSV/2015 against the petitioner Siva, Male aged 30 years S/o.Elumalai, who is confined at Central Prison, Puzhal II, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at Liberty. For Petitioner : Mr.S.Senthilvel For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.CHOCKALINGAM, J.] The petitioner, who is the detenu, Son of Elumalai, aged about 30 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 15.12.2015 branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offender, 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.Though many grounds have been raised in the petition, Mr.S.Senthilvel, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

3. The learned counsel for the petitioner mainly focused his arguments on the ground of non-furnishing of certain documents viz., pages 2, 10, 29 and 66 of the Booklet in vernacular version. This has deprived the detenu in making effective representation to the authorities concerned and therefore, on this sole ground, the detention order is liable to be quashed.

4. Per contra, the learned Additional Public Prosecutor would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. Therefore, he submits that the Habeas Corpus Petition does not merit any consideration and the same is liable to be dismissed.

5. We have heard the learned counsel for both sides with regard to the facts and citation.

6. A careful scrutiny of the Booklet furnished to us, would reveal that some of the documents viz., pages 2, 10, 29 and 66 were furnished to the detenu only in English version and not in vernacular version. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone.

7. It is a trite law that personal liberty protected under Article 21 is so sacrosanct and so high in the scale of Constitutional values that it is the obligation of the detaining authority to show that the impugned detention meticulously accords with the procedure established by law. Preventive detention is preventive and not punitive. When ordinary law of the land is sufficient to deal with, taking recourse to the preventive detention law is illegal.

8. In the light of the above facts and law, we have no hesitation in quashing the order of detention on the above mentioned ground.

9. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order passed by the second respondent is set aside. The detenu is directed to be released, forthwith, unless his presence is required in connection with any other case.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar svki To 1.The Secretary to Government The State of Tamil Nadu, Home, Prohibition and Excise Department Fort St.George, Chennai 600 009.

2.The Commissioner of Police Chennai City Egmore, Chennai -8.

3.The Superintendent of Police, Central Prison, Puzhal II, Chennai.

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

5.The Public Prosecutor High Court, Madras.

H.C.P.No.272 of 2016 RSY(CO) CA(31.05.2016)