Suganya v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2555 of 2024 Suganya ...

Petitioner /wife of the detenu Vs

1. The Secretary to the 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

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 20.09.2024 on the file of the second respondent herein made in proceedings C.NO.80/G/IS/TIRUPPUR CITY/2024, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband, namely, PRAKASH S/o.KALIMUTHU , aged 42 years, aged 42 years before this Honble High Court and set the petitioner's husband at Liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner : Mr. W. Camyles Gandhi For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the Commissioner of Police, Detaining Authority, Tiruppur City, in C.NO.80/G/IS/Tiruppur City/2024 dated 20.09.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. A perusal of the documents relied on by the detaining authority would reveal that, the detenu had been arrested on 06.08.2024, however the impugned

order of detention has been issued on 20.09.2024, after a lapse of more than one month.

3. The fact about the long delay would be sufficient to drop an inference that the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.

4. Hence, for the aforesaid reason, the detention order passed by the second respondent in C.NO.80/G/IS/Tiruppur City/2024 dated 20.09.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Prakash S/o.Kalimuthu , aged 42 years, confined at Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

[S.M.S., J.] [M.J.R., J.] 14.11.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mrp To

1. The Secretary to the 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.

H.C.P.No.2555 of 2024 14.11.2024