R.Nagalakshmi v. The Principal Secretary To The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH R.Nagalakshmi Petitioner v The Principal Secretary to the Government of Tamil Nadu Home, Prohibition and Excise Department Fort St. George, Chennai-9 The Commissioner of Police O/o.The Commissioner of Police Tiruppur City The Superintendent of Prison Central Prison Coimbatore The Inspector of Police Nallur Police Station Tiruppur City Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records in 1/4
C.No.17/G/IS/TIRUPPUR CITY/2022 on the file of the 2nd respondent, set aside the detention order dated 22.03.2022 and direct the 2nd respondent to produce the detenu Ramkumar, aged about 25 years, S/o.Magudeeswaran, presently detained at the Central Prison, Coimbatore, under the Tamil Nadu Act 14 of 1982 as GOONDA, before this Court and set him at liberty. For Petitioner Mr.K.Balasubramaniam For Respondents Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Made by P.N.PRAKASH, J.] The petitioner is the wife of the detenu. The detenu viz., Ramkumar, aged about 25 years, S/o.Magudeeswaran, has been detained by the 2nd respondent, by his order dated 22.03.2022 in C.No.17/G/IS/TIRUPPUR CITY/2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.
3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the 2/4
ground that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.
4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially the complaint petition available at Page Nos.7 to 9 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenu to effectively defend himself against his detention. Thus, the impugned detention order is liable to be set aside on this ground. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.17/G/IS/TIRUPPUR CITY/2022 dated 22.03.2022, passed by the 2nd respondent is set aside. The detenu viz., Ramkumar, aged about 25 years, S/o.Magudeeswaran, is directed to be released forthwith, unless his detention is required in connection with any other case.
[P.N.P., J.] [N.A.V., J.] gya 06.12.2022 Issue order copy by 07.12.2022 3/4
P.N.PRAKASH, J.
AND N. ANAND VENKATESH, J.
gya To The Principal Secretary to the Government of Tamil Nadu Home, Prohibition and Excise Department Fort St. George, Chennai-9 The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9 The Commissioner of Police O/o.The Commissioner of Police Tiruppur City The Superintendent of Prison Central Prison Coimbatore The Inspector of Police Nallur Police Station Tiruppur City 06.12.2022 The Public Prosecutor High Court, Madras 4/4