Manimekalai v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1830 of 2019 Manimekalai ... Petitioner -vs1.The State of Tamil Nadu Rep. By Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus calling for the records relating to the detention order passed by the second respondent pertaining to the order made in Memo No.383/BCDFGISSSV/2019, dated 06.07.2019 in detain the detenue under 2 (f) of Tamil Nadu Act 14 of 1982, as immoral traffic offender and quash the same and direct the respondent to produce the detenu Karthikeyan @ Karthik @ Adhikesavan @ Kesavan @ Adhi, Son of Durairaj, aged about 30 years, who is detained at Central Prison, Puzhal before this Court and set him at liberty.

For Petitioner : Mr.J.William Shakespeare For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenu, Karthikeyan @ Karthik @ Adhikesavan @ Kesavan @ Adhi, Son of Durairaj, aged about 30 years. The detenu has been detained by the second respondent by his order in Memo No.383/BCDFGISSSV/2019, dated 06.07.2019, holding to be a "Immoral Traffic Offender", as

contemplated under Section 2(g) 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 learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copy of the document 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 Page Nos 43,45 and 47 of the booklet, it is clear that the detaining authority, by providing illegible copy of the document, 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. 5.

In the result, the Habeas Corpus Petition is allowed and the order of detention in No.383/BCDFGISSSV/2019 dated 06.07.2019 passed by the second respondent is set aside. The detenu, namely, Karthikeyan @ Karthik @ Adhikesavan @ Kesavan @ Adhi, Son of Durairaj, aged about 30 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

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

4. The Joint Secretary to Government, Public (law & Order), Fort Saint George, Chennai 9.

5.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1830 of 2019 RP(CO) GN(27/12/2019)