S.Kanagavalli v. The Additional Chief Secretary
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.2562 of 2024 S.Kanagavalli ...
Petitioner Vs
1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Fort St George Chennai - 600 009 2 The District Collector and District Magistrate, Ariyalur District.
3 The Superintendent Of Police Ariyalur District, Ariyalur.
4 The Superintendent, Central Prison, Tiruchirappalli District.
5 The Inspector of Police, Andimadam Police Station, Ariyalur District.
... Respondents
Prayer - Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records in Cr.M.P.No.28 of 2024 dated 31.08.2024 on the file of 2nd respondent and quash the same as illegal and consequently direct the respondents to produce the petitioners son Kanmaniraja, aged about 38 years, who is detained in Central Prison, Tiruchirappalli before this Honble Court and set him at Liberty.
For Petitioner : Mr. M. Selvam 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 District Collector and District Magistrate, Ariyalur District. City, in Cr.M.P.No.28 of 2024 dated 31.08.2024 is sought to be quashed in the present Habeas Corpus Petition.
2. Five adverse cases are relied on along with the ground case for the purpose of issuing the impugned detention order. The adverse cases registered against the detenu are in Crime No.113 of 2023, under Section 457 & 380 IPC, in Crime No.114 of 2023 under Sections 457 & 380 IPC, in Crime no.188 of 2023 under Section 457 & 380 IPC, 122/2024 under Sections 457 & 380 IPC and in
Crime No.55 of 2024 under Sections 457 & 380 IPC. The five adverse cases are registered on 21.09.2023, 21.09.2023, 09.10.2023, 09.02.2024, and 24.02.2024. The manner, in which, the adverse cases are registered, raises a doubt whether these cases are registered genuinely or otherwise.
3. The ground case was registered on 29.07.2024 and we are of the considered opinion that all the cases can be dealt with under the law of the land. Preventive detention law being draconian is to be invoked sparingly when the detaining authority subjectively satisfied that there is likelihood of causing breach of public order. Mere registration of the criminal cases would be insufficient to invoke the Preventive Detention Law. No person can be punished without trial and Preventive Detention Law provides scope for the authority to punish a person without undergoing trial. Thus, the power to punish is conferred to the detaining authority under the Preventive Detention Law and this exactly is the reason why the Constitutional Courts Time and again emphasized that Preventive Detention Law has to be invoked sparingly only when the authority is subjectively satisfied. The subjective satisfaction must be based on the materials available on record and mere presumption would not be sufficient for invoking Act 14/1982.
4. In the present case, we are not completely convinced with the adverse cases relied on and the manner in which those cases are registered by the same police station. Though the cases presumed to be genuine it can be dealt with under the regular penal law. That being the factum, the grounds for detention are neither candid nor convincing and we are inclined to interfere
5. Hence, for the aforesaid reason, the detention order passed by the second respondent in Cr.M.P.No.28 of 2024 dated 31.08.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Kanmaniraja S/o.Sundharrajan, aged 38 years, now confined at Central Prison, Tiruchirappalli, 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
To
1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Fort St George Chennai - 600 009 2 The District Collector and District Magistrate, Ariyalur District.
3 The Superintendent Of Police Ariyalur District, Ariyalur.
4 The Superintendent, Central Prison, Tiruchirappalli District.
5 The Inspector of Police, Andimadam Police Station, Ariyalur District.
6. The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
mrp H.C.P.No.2562 of 2024 07.11.2024