Nirosha v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Nirosha D/o.Selvam .. Petitioner/Sister of Detenu Vs.
1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Tambaram City.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.
4.The Inspector of Police, T-1, Tambaram Police Station, Chennai.
.. Respondents Page Nos.1/14
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 25.10.2022 in Memo No.178/BCDFGISSSV/2022 against the Sakthivel, Male aged 24 years, S/o.Selvam, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner :
Mr.S.Senthilvel For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by sister of detenu assailing a 'preventive detention order dated 25.10.2022 bearing reference No.178/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
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2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sandoffenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.
3. There are three adverse cases and one ground case. The ground case which constitutes substantial part of substratum of the impugned detention order is Crime No.749 of 2022 on the file of T-1, Tambaram Police Station for alleged offences under Sections 341, 294(b), 397, 336, 427 and 506(ii) of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.
4.
Mr.S.Senthilvel, learned counsel for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Page Nos.3/14
Mr.M.Sylvester John, learned counsel for all respondents are before us.
5. We are informed that co-accused in the ground case was also clamped with similar preventive detention order and the same was challenged before this Court vide H.C.P.No.2444 of 2022 and HCP was allowed by an order dated 26.04.2023 made by this Court. A scanned reproduction of the same is as follows:
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6. In the hearing it emerges clearly that the point on which the aforementioned HCP is allowed is available to the detenu in the case on hand also. Therefore, captioned HCP also has to be allowed. Page Nos.11/14
7. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 25.10.2022 bearing reference No.178/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Sakthivel, aged 24 years, son of Thiru.Selvam, now detained in Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless required in connection with any other case/s. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 05.06.2023 Index : Yes/No Speaking / Non speaking order rsi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
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To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Tambaram City.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.
4.The Inspector of Police, T-1, Tambaram Police Station, Chennai.
5.The Public Prosecutor High Court, Madras.
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M.SUNDAR, J.
and K.GOVINDARAJAN THILAKAVADI, J.
rsi 05.06.2023 Page Nos.14/14