Madras High CourtHCP/2102/2021allowed

Selvam v. The Chief Secretary To Government Of Puducherry

2022-06-13Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2022 Coram The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P.No.2102 of 2021 Selvam .. Petitioner Vs.

1. The Chief Secretary to Government of Puducherry Union of Puducherry, Chief Secretariat, Puducherry.

2. The Secretary to Lieutenant Governor, Raj Nivas, Puducherry.

3. The District Magistrate -cum-Authorized Officer, Office of the District Magistrate, 1st Floor, Vazhadhavoor Road, Kavundanpalayam, Puducherry - 605 009.

4. The Superintendent of Police (West), Puducherry.

5. The Chief Superintendent of Jail, Central Prison, Kalapet, Puducherry.

6. The Station House Officer, Mangalam Police Station, Puducherry.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records relating to the detention order in No.21/DM/RO/D2/PPASAA/2021 dated 22.11.2021 passed by the 3rd respondent under the Puducherry Prevention of Anti-Social Activities Act, 2008 (Act 10 of 2010) and set aside the same and direct the respondents to produce the petitioner's son Iyyanar @ Thaadi Iyyanar @ Rajadurai, S/o.Selvam, aged about 28 years, the detenu, now confined in the Central Prison, Kalapet, Puducherry, before this

Court and set the petitioner's son Iyyanar @ Thaadi Iyyanar @ Rajadurai, S/o.Selvam, aged about 28 years, the detenu herein, at liberty.

For Petitioner : Mr.U.Yuvaraj For Respondents : Mr.V.Balamurugane Addl. Public Prosecutor (Puducherry)

ORDER

S.VAIDYANATHAN, J.

and A.D.JAGADISH CHANDIRA, J.

The petitioner is the father of the Iyyanar @ Thaadi Iyyanar @ Rajadurai, S/o.Selvam, aged about 28 years. The detenu has been detained by the third respondent by his order in Memo No.21/DM/RO/D2/PPASAA/2021 dated 22.11.2021, holding him to be a "Dangerous Person", as contemplated under Section 2(c) of the Puducherry Prevention of Anti-Social Activities Act, 2008 (Act No.10 of 2010). 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 (Puducherry) appearing for the respondents. We have also perused the records produced by the Detaining Authority. 3.

Though many grounds have been raised in the petition, learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention. According to the learned counsel for the petitioner, no materials were placed before the detaining authority as to whether the detenu was in remand or otherwise at the time of clamping the detention order and the subjective satisfaction arrived at by the detaining authority is not proper. Therefore, the impugned order of detention is vitiated in law. 4.

A perusal of the booklet would go to show that no materials were placed before the detaining authority as to whether the detenu was in remand or otherwise at the time of clamping the detention order, which shows non-application of mind on the part of the detaining authority in passing the order of detention. The impugned detention order is therefore liable to be quashed.

In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo No.21/DM/RO/D2/PPASAA/2021

dated 22.11.2021, passed by the third respondent is set aside. The detenu, viz., Iyyanar @ Thaadi Iyyanar @ Rajadurai, S/o.Selvam, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tsh To