Nandhini v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2558 of 2024 Nandhini ...
Petitioner /Sister 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, Avadi City, Office of the Commissioner of Police, (Goondas Section) Avadi, Chennai- 600 054
3. The Superintendent of Prison, Central Prison,
4. State rep. by its The Inspector of Police, B-7 Vellavedu Police Station, Tiruvallur 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 brother detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 31.08.2024 on the file of the second respondent herein made in proceedings no.146/BCDFGISSSV/2024, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's brother namely Kishore S/o.Dass, aged 23 years before this Hon'ble High Court and set the petitioner's brother at liberty from detention, now the petitioner's brother detained at Central Prison, For Petitioner : Mr. P. Sasikumar For Respondents : Mr.R. Muniyapparaj 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, Avadi City, in no.146/BCDFGISSSV/2024 dated 31.08.2024 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 06.07.2024, however the impugned
order of detention has been issued on 31.08.2024, 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 no.146/BCDFGISSSV/2024 dated 31.08.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Kishore S/o.Dass, aged 23 years , confined at Central Prison, Puzhal, Chennai, 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.] 07.11.2024 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, Avadi City, Office of the Commissioner of Police, (Goondas Section) Avadi, Chennai- 600 054
3. The Superintendent of Prison, Central Prison,
4. The Inspector of Police, B-7 Vellavedu Police Station, Tiruvallur District.
5. The Public Prosecutor, High Court, Madras.
H.C.P.No.2558 of 2024 07.11.2024