Lalitha v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.94 of 2023 Lalitha .. Petitioner / Wife of the Detenu Vs.
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XIV) Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Pudukottai District, Pudukottai.
3.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.
4.The Superintendent of Prison, Central Prison, Tiruchirappalli District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by calling for the records relating to the impugned order of detention made in P.D.O.No.49/2022 dated 30.11.2022
on the file of the District Collector and District Magistrate, Pudukkottai District, the second respondent herein, branding the petitioner's husband/detenu by name Ajithpandian, S/o.Selvam, aged 23 years as 'Goonda' who is now confined in Central Prison, Tiruchirappalli, Tiruchirappalli District and quash the impugned order of detention and set him at liberty by producing him before this Court. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the wife of the detenu viz., Ajithpandian, S/o.Selvam, aged about 23 years. The detenu has been detained by the second respondent by his order in P.D.O.No.49/2022 dated 30.11.2022 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3. Among other grounds, the detention order is mainly attacked on the ground that there is a delay in passing the order of detention. The learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 29.09.2022, the detention order was passed only on 30.11.2022, i.e., after a considerable delay of 62 days. Therefore, the detention order has to be set aside.
4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter. It is further submitted that investigation has been completed in this case and final report has been filed in S.C.No.14 of 2023 and the same is pending before the Principal District Court, Pudukottai.
5. As seen from the grounds of detention, it is clear that though the detenu was arrested on 29.09.2022, the order of detention came to be passed
only on 30.11.2022 and hence, there is an abnormal delay in passing the order of detention, which caused prejudice to the interest of the detenu.
6. We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence the impugned order of detention is liable to be set aside.
7. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.O.No.49/2022 dated 30.11.2022 passed by the second respondent is set aside. The detenu, viz., Ajithpandian, S/o.Selvam, aged about 23 years, is directed to be released forthwith unless his detention is required in connection with any other case.
(M.S.R.,J.) (M.N.K.,J.) 21.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XIV) Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Pudukottai District, Pudukottai.
3.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.
4.The Superintendent of Prison, Central Prison, Tiruchirappalli District.
5.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
Lm/mbi H.C.P.(MD)No.94 of 2023 21.07.2023