Nandhini v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1949 of 2024 Nandhini ...
PETITIONER Vs 1 Government Of Tamil Nadu Rep By Its Secretary To Government Prohibition And Excise Department, St George Fort, Secretariat, Chennai - 600 009.
2 The Commissioner Of Police Detaining Authority, Tiruppur City, Tiruppur.
3 The Inspector Of Police Tiruppur North Police Station (Crime), Tiruppur City.
4 The Superintendent, Central Prison, Coimbatore.
...
RESPONDENTS PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records of the Order of Detention in C.No.09/G/IS/Tiruppur City/2024 DATED 19.02.2024 passed by the 2nd Respondent and Quash the same and further direction directing the respondents to produce the detenue namely M.POTHIRAJ S/o. ANGA DEVAR, aged about 42
years before this Honble Court now confined at Central Prison, Coimbatore and set him Liberty.
For Petitioner : Mr.C.Samivel For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent/The Commissioner of Police, Tiruppur city, in C.No.09/G/IS/Tiruppur City/2024, Dated 19.02.2024 is sought to be quashed in the present Habeas Corpus Petition. 2.The order of detention sought to be assailed and the fact as narrated would reveal that, there is a delay of 6 days in considering the representation. The delay in considering the representation and the period during which the detenue was under detention would be construed as violation of the Constitutional mandatory under Article 22 of Constitution of India and thus, the ground of delay in considering the representation became fatal in the case of preventive detention.
3.Accordingly, the detention order passed by the second respondent/The Commissioner of Police, Tiruppur city, in C.No.09/G/IS/Tiruppur City/2024, Dated 19.02.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., M.POTHIRAJ S/o. ANGA DEVAR, aged about 42 years, now confined at Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [S.M.S., J.] [V.S.G., J.] 27.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No mrp To 1 Government Of Tamil Nadu Rep By Its Secretary To Government Prohibition And Excise Department, St George Fort, Secretariat, Chennai - 600 009.
2 The Commissioner Of Police Detaining Authority, Tiruppur City, Tiruppur.
3 The Inspector Of Police Tiruppur North Police Station (Crime),
Tiruppur City.
4 The Superintendent, Central Prison, Coimbatore.
5 The Public Prosecutor High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
mrp H.C.P.No.1949 of 2024 27.08.2024