Mumtaj v. The Secretary To The Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.487 of 2016 Mumtaj .. Petitioner / Sister of the Detenue Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Chennai Police, Chennai.

.. Respondent Prayer: 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 in his proceedings in BCDFGISSSV No.110/2016, dated 15.2.2016, against the petitioner's sister Fathima Moosa @ Dhanalakshmi, aged about 28 years, wife of Suresh Kumar (late), who is confined at Special Prison for Women, Puzhal, Chennai and set aside the same and to direct the respondents to produce the detenue before this Court and set her at liberty.

For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.V.M.R.Rajentran, APP - - - -

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the sister of the detenue, namely, Fathima Moosa @ Dhanalakshmi, aged 28 years, wife of Suresh Kumar (late), to issue a Writ of Habeas Corpus, to call for the records, in No.110/BCDFGISSSV/2016, dated 15.2.2016, passed by the second respondent, detaining the detenue, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding her as a "Immoral Traffic Offender", in the Special Prison for Women, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenue and set her at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing for the State and we have also perused the records, carefully.

3. Though several grounds have been raised in this Habeas Corpus Petition, the learned counsel appearing on behalf of the petitioner, has assailed the impugned detention order mainly on the ground that the detaining authority had stated, in paragraph No.3 of the order of detention, that the relatives of the detenue are taking steps to take her out on bail, in CBCID Anti Trafficking Cell Crime No.01/2016, by filing a bail application before the appropriate Court. It had also been pointed out that no statements had been recorded from the relatives of the detenu with regard to the claim that they are taking steps to move a bail application, on behalf of the detenue and no such statements had been furnished to the detenue.

4. The said submissions made by the learned counsel appearing on behalf of the petitioner had not been refuted by the learned Additional Public Prosecutor.

5. It is noted from the records available that no statements had been recorded from the relatives concerned to substantiate the claim that they are taking steps to move a bail application on behalf of the detenue, to take her out on bail, in the above said cases. In such circumstances, we find that there is non-application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the detention order.

6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 15.2.2016, passed by the second respondent is set aside. The detenue is directed to be released, forthwith, unless her presence is required in connection with any other case.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vvk 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 Police, Chennai.

3 The Public Prosecutor High Court, Madras.

4 The Superintendent Special Prison for women at Puzhal, Chennai.-66.

5 The Joint Secretary to Govt., Public (Law & Order) Department, Secretariat, Chennai-9.

H.C.P.No.487 of 2016 CTR(CO) VS(17.11.2016)