Hameedha Begam v. The Secretary To Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Hameedha Begam .. Petitioner vs 1.The Secretary to Government of India, Ministry of Home Affairs (Department of Internal Security) North Block, New Delhi - 110 001.
2.The State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
3.The Commissioner of Police/ Detaining Authority, Office of the Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
4.The Superintendent, Central Prison, Coimbatore - 641 018.
5.The Inspector of Police, C1 Kattoor Police Station, Coimbatore.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to produce the body of the detenu by name Ahamed Shihafdeen, son of Sikkandar, aged 24 years, presently confined at Central Prison, Coimbatore, before this Court and set him at liberty forthwith, after calling for the records pertaining to the detention order and grounds of detention order Tamil and English dated 12.10.2022 vide C.No.01/NSA/IS/2022 passed by 3rd respondent and quash the same.
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For Petitioner :
Dr.S.Manoharan for Mr.A.Nowfal For Respondents :
Mr.K.Gangadaran for Mr.R.Rajesh Vivekananthan Deputy Solicitor General for R1 Mr.E.Raj Thilak, Additional Public Prosecutor for R2 to R5
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by mother of the detenu assailing a 'preventive detention order dated 12.10.2022 bearing reference C.No.01/NSA/IS/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and third respondent is the detaining authority as impugned detention order has been made by third respondent under The National Security Act, 1980 (Central Act 65 of 1980).
2.
There is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.478 of 2022 on the file of C1 Kattoor Police Station, Coimbatore, for alleged offences under Sections 153A and 285 of 'The Indian Penal 2/12
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.
3.
Dr.S.Manoharan, learned counsel representing the counsel on record for petitioner, Mr.K.Gangadaran, learned counsel representing Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General for first respondent and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for respondents 2 to 5 are before us. 4.
When the matter was taken up, this Bench was informed that co-accused (Thiru.S.Sadham Hussain, son of Thiru.Sulaiman) in the ground case qua detenu in captioned HCP was also clamped with the similar preventive detention order i.e., preventive detention order similar to the impugned preventive detention order in the captioned HCP. This Bench was further informed that preventive detention order in the case of co-accused was assailed in this Court vide H.C.P. No.2493 of 2022 and the same was allowed by this court in and by an order dated 08.06.2023. A scanned reproduction of the same is as follows: 3/12
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5.
We had the benefit of perusing the booklet served on the detenu in the captioned HCP. We find that the ground on which the preventive detention order qua co-accused was quashed is available to the detenu in the captioned HCP also. Therefore, it follows as inevitable sequitur that the impugned preventive detention order also deserves to be dislodged. 6.
Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 12.10.2022 bearing reference C.No.01/NSA/IS/2022 made by the third respondent is set aside and the detenu Thiru.S.Ahamed Shihafdeen, aged 24 years, son of Thiru.Sikkandar, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 19.06.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Coimbatore.
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To 1.The Secretary to Government of India, Ministry of Home Affairs (Department of Internal Security) North Block, New Delhi - 110 001.
2.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
3.The Commissioner of Police/ Detaining Authority, Office of the Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
4.The Superintendent, Central Prison, Coimbatore - 641 018.
5.The Inspector of Police, C1 Kattoor Police Station, Coimbatore.
6.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL , J., mmi 19.06.2023 12/12