Parameshwari, v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2016
CORAM
THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.511/2016 Parameshwari ..... Petitioner Vs 1.The State of Tamil Nadu rep. by its Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009.
2.The Commissioner of Police, Chennai Police, Vepery, Chennai.
.. Respondents 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 2nd respondent dated 01.03.2016 in BCDFGISSSV No.226/2016 against the brother of the petitioner Aru @ Arumugam, male, aged abut 23 years, son of Pandurangan, who is confined at Central Prison, Puzhal, 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.K.S.Kaviarasu For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor
ORDER
[Order of the Court was made by V.BHARATHIDASAN,J] This Habeas Corpus Petition is filed, by the brother of the denteu, namely, Aru @ Arumugam, male, aged abut 23 years, son of Pandurangan, to issue a Writ of Habeas Corpus, to call for the records, in No.BCDFGISSSV 226/2016 dated 01.03.2016, passed by the 2nd Respondent, detaining the detenu, 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 14/1982), the Tamil Nadu Act 14 of 1982, branding him as a "Goonda",
in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.
2. We have heard the learned counsel appearing on behalf of the petitioner and 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, had assailed the impugned detention order mainly on the ground that the detaining authority had stated, in Paragraph No.4 of the order of detention, that no bail application had been moved on behalf of the detenu, in V5 Thirumangalam Police Station Crime No.74/2016. However, in the detention order it had been stated that the relatives of the detenu are taking action to take him out on bail, in V5 Thirumangalam Police Station Crime No.74/2016, by filing 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 bail application, on behalf of the detenu and no such statements had been furnished to the detenu.
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 bail application on behalf of the detenu, to take him out on bail, in the above said case. In such circumstances, we find that there is nonapplication 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 01.03.2016, 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar
To 1.The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009.
2.The Commissioner of Police, Chennai City, Vepery, Chennai.
3.The Superintendent of Police, Central Prison, Puzhal, Chennai.
4.The Additional Public Prosecutor, High Court, Madras.
5.The Joint Secretary to Government.
Public (L&O) Fort st.George, Chennai.
nm(co) krd 13/7 H.C.P.No.511/2016