Panchavarnam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Panchavarnam W/o Sundaraperumal ..
Petitioner v.
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Commissioner of Police / Detaining Authority Tiruppur City, Tiruppur District
3. The Superintendent of Prison Central Prison - Coimbatore Coimbatore District
4. State rep by its The Inspector of Police Nallur Police Station Tiruppur District ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to call for the entire
records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 10.08.2023 on the file of the second respondent herein made in proceedings Memo C.No.37/G/IS/Tiruppur City/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son, namely, Mokkai Prakash @ Sugaprakash, S/o. Sundaraperumal, aged 24 years, before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore. For Petitioner ::
Mr.W.Camyles Gandhi For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the mother of the detenu, namely, Mokkai Prakash alias Sugaprakash, aged 24 years, S/o Sundaraperumal, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 10.08.2023 slapped on her son, branding him as 'Goonda' under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, the learned counsel appearing for the petitioner submitted that the impugned order is liable to be quashed on the sole ground that the detaining authority has relied upon an extraneous material while forming his subjective satisfaction, which vitiates the order of detention.
4. This Court perused page-156 of the booklet, wherein a news report dated 19.06.2023 relating to the occurrence in the ground case is found published. The detaining authority has arrived at the subjective satisfaction based on materials including the news report, which is extraneous, while passing the detention order against the detenu. In view of the fact that the detention order has been passed relying upon such extraneous material, this Court is convinced that the impugned order is vitiated for considering irrelevant material.
5. Accordingly, the detention order passed by the 2nd respondent dated 10.08.2023 in C.No.37/G/IS/Tiruppur City/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Mokkai Prakash alias Sugaprakash, S/o Sundaraperumal, aged 24 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case. Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 20.12.2023 ss To
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Commissioner of Police / Detaining Authority Tiruppur City, Tiruppur District
3. The Superintendent of Prison Central Prison - Coimbatore Coimbatore District
4. The Inspector of Police Nallur Police Station Tiruppur District
5. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 20.12.2023