Vijaya v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2475 of 2024 Vijaya ... Petitioner/Mother of the Detenu Vs.
1.
The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
District Collector and District Magistrate of Ranipet District, Ranipet - 1.
The Superintendent of Police, Ranipet District, Ranipet.
The Superintendent of Prison, Central Prison, Vellore.
The Inspector of Police, Arcot Taluk Police Station, Ranipet District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 25.05.2024 in B3/D.O.No.38/2024 against the petitioner's son Sathiyamurthy, Male aged 28 years, S/o. Siva, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.P.Raman For Respondents : Mr. E. Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent dated 25.05.2024 is sought to be quashed in the present habeas corpus petition. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
No adverse case has been relied on against the detenu in the impugned detention order. The ground case reveals that due to some family dispute the alleged offence under Section 302 of Indian Penal Code has been committed. The said solitary case can be prosecuted based on the law of the land. Even in the event of grant of bail by the Court concerned, the Police Authorities may file an appropriate petition to cancel the bail or in alternate impose stringent conditions. Contrarily, invoking preventive detention law, in such cases would be unnecessary.
The very purpose and object of the preventive detention law is that the detaining Authority must subjectively satisfy that there is likelihood of causing breach of public order and in the absence of establishing the said factor, the order of detention cannot be sustained. Accordingly, the detention order passed by the second respondent in proceedings B3/D.O.No.38/2024 dated 25.05.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Sathiyamurthy, aged 28 years, S/o. Siva, confined at Central Prison, Vellore
is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [V.S.G., J.] 19.10.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
District Collector and District Magistrate of Ranipet District, Ranipet - 1.
The Superintendent of Police, Ranipet District, Ranipet.
The Superintendent of Prison, Central Prison, Vellore.
6.
The Inspector of Police, Arcot Taluk Police Station, Ranipet District.
7.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda H.C.P.No.2475 of 2024 19.10.2024