Syed Habibullah v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1876 of 2024 Syed Habibullah .... Petitioner Vs 1.The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.

2. The Commissioner Of Police, Greater Chennai.

3 The Superintendent, Central Prison, Puzhal, Chennai - 66.

4 The Inspector Of Police, D-3, Ice House Police Station, Chennai. .... Respondents PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records relation to the impugned order 550/ BCDFGISSSV/2024 dated 21.05.2024 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner's

son, namely, Syed Mushtaq Basha s/o. Syed Habibullah, aged about 30 years, now confined at Central Prison, Puzhal, Chennai, before this court set him at liberty. For Petitioner : Mr.G.Vinodhkumar 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 second respondent in 550/ BCDFGISSSV/2024 dated 21.05.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. Page Nos.9 and 11 in Volume 2 served to the detenue is illegible, which resulted in causing prejudice to the detenue. Therefore, deprived the detenue from making effective representation. That apart, the element of likelihood of causing breach of public order has not been sufficiently made out.

3. Accordingly, the impugned order of detention in 550/ BCDFGISSSV/2024 dated 21.05.2024, is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Syed Mushtaq Basha s/o. Syed Habibullah,

aged about 30 years, now confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.

[S.M.S., J.] [V.S.G., J.] sli 28.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To 1.The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.

2. The Commissioner Of Police, Greater Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai - 66.

4. The Inspector Of Police, D-3, Ice House Police Station, Chennai.

5. The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

sli H.C.P.No.1876 of 2024 28.08.2024