Jayapriya v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2022
CORAM
The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P.No.2153 of 2021 Jayapriya .. Petitioner Vs.
1.The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.
2.The District Collector and District Magistrate, Tirupathur District, Tirupathur.
3.The Superintendent of Police, Tirupathur District, Tirupathur.
4.The Superintendent, Central Prison, Vellore, Vellore District.
5.The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupathur District. .. 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 impugned order C3/D.O.No.57/2021 dated 27.11.2021 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce viz., Mani @ Thotta Mani @ Manikandan, son of Sundaram, aged about 27 years, now confined at the Central Prison, Vellore, before this Court and set him at liberty. For Petitioner : Mr.G.Vinodhkumar For Respondents : Mr.E.Raj Thilak Addl. Public Prosecutor
ORDER
S.VAIDYANATHAN, J.
and A.D.JAGADISH CHANDIRA, J.
The petitioner is the wife of the detenu Mani @ Thotta Mani @ Manikandan, son of Sundaram, aged about 27 years. The detenu has been detained by the second respondent by his order in C3/D.O.No.57/2021 dated 27.11.2021, 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. We have also perused the records produced by the Detaining Authority.
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 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 Page Nos.70, 77 and 99 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 C3/D.O.No.57/2021 dated 27.11.2021, passed by the second respondent is set aside. The detenu, viz., Mani @ Thotta Mani @ Manikandan, son of Sundaram, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsd
To 1.The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department, Fort St.George, Chennai.
2.The District Collector and District Magistrate, Tirupathur District, Tirupathur.
3.The Superintendent of Police, Tirupathur District, Tirupathur.
4.The Superintendent, Central Prison, Vellore, Vellore District.
5.The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupathur District.
6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.
7.The Public Prosecutor, High Court, Madras.
H.C.P.No.2153 of 2021 jpl(CO) A.SK(17/06/2022)