Aishwarya v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.117 of 2023 Aishwarya .. Petitioner / wife of the Detenu Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009. 2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records connected with the detention order of the respondent No.2 in H.S.(M) Confdl. No.269/2022

dated 29.12.2022 and quash the same and direct the respondents to produce the detenu by name Shanbagaraj, Son of Murugan aged about 24 years, now detained in Palayamkottai Central Prison, before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Vinoth Bharathi For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu viz., Shenbagaraj, S/o. Murugan, aged about 24 years. The detenu has been detained by the second respondent by his order in H.S.(M) Confdl. No.269/2022 dated 29.12.2022 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. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the copy of the initial remand order and remand extension order have not been furnished to the detenu, despite the same has been sought for by the petitioner in his representation and therefore, submits that on the sole ground, the detention order is liable to be quashed.

4. The learned Additional Public Prosecutor while objecting this petition submitted that on completion of investigation, charge sheet has been filed in S.C.No.197/2023 and the same is pending before the I Additional District Judge, Tuticorin.

5. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially, the representation made by the petitioner dated Nil, he had sought for the remand order and remand extension order, however, the same have not been furnished to the

detenu, which vitiates the order of detention.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in H.S.(M) Confdl. No.269/2022 dated 29.12.2022 passed by the second respondent is set aside. The detenu, viz., Shenbagaraj S/o.Murugan, aged about 24 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.) 26.07.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009. 2.The Joint Secretary Public Law and Order Secretariat, Chennai 3.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

RR H.C.P.(MD)No.117 of 2023 26.07.2023