M.Sangarewari v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Sangareswari ... Petitioner/Wife of the detenu -vs1.The State of Tamil Nadu, represented by The Additional Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thenkasi District, Thenkasi.
3.The Superintendent, Central Prison, Palayamkottai.
... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus calling for the records relating to the detention order passed by the second respondent in M.H.S.Confdl.No.04/2021, dated 25.01.2021 and to quash the same and to direct the respondents to produce the body of the person and detenu namely, Manikandan, son of Ramarpandian, aged 38 years(now detained at Palayamkottai Prison) before this Court and set him at liberty.
For Petitioner :
M/s.W.Pamelin For Respondents :
Mr.S.Ravi, Standing Counsel for the State
O R D E R
(Order of the Court was made by K.KALYANASUNDARAM, J.) This habeas corpus petition has been filed by the wife of the detenu, namely, Manikandan, son of Ramarpandian, aged 38 years, challenging the detention order in M.H.S.Confdl.No.04/2021, dated 25.1.2021, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.
2. Ms.W.Pamelin, learned counsel for the petitioner, would argue that even though the petitioner has raised several grounds, he 1/4
has confined his arguments only to the delay in disposal of the petitioner's representation. It is submitted by the learned counsel for the petitioner that the procedural safeguards guaranteed under Articles 21 and 22 of the Constitution of India have not been followed in this case and there is unexplained and inordinate delay in disposal of the petitioner's representation, which would vitiate the impugned order of detention.
3. Mr.S.Ravi, learned Standing Counsel for the State appearing for the respondents , on instructions, submitted that after satisfying with the materials placed by the Sponsoring Authority, the Detaining Authority has passed the detention order and there is no illegality or infirmity in the detention order. It is also stated that even if there is any delay in disposal of the representation, it has not caused any prejudice to the rights of the detenu and hence, prayed for dismissal of the habeas corpus petition.
4. Heard both sides and perused the materials available on record.
5. In the instant case, the pro-forma furnished by the learned Standing Counsel for the State appearing for the respondents, would indicate that as against the impugned detention order, the petitioner made a representation to the first respondent for the first time on 2.2.2021 and it was received on 4.2.2021. Remarks were called for on the same day i.e. 4.2.2021 and it was received on 16.3.2021. It is seen that in between 4.2.2021 and 16.3.2021, there was a delay of 39 days, after excluding the Government Holidays of 12 days, there was a delay of 27 days in considering the petitioner's representation. Moreover, the Deputy Secretary dealt with the matter on 16.3.2021. The concerned Minister dealt with the matter on 12.4.2021 and the representation came to be rejected on 15.4.2021. It is seen that in between 16.3.2021 and 12.4.2021, there was a delay of 26 days, after excluding the Government Holidays of 11 days, there was a delay of 15 days in considering the petitioner's representation.
6. At this juncture, it is useful to refer the decision of the Honourable Apex Court in the case of Rajammal vs. State of Tamil Nadu and another, reported in 1999 (1) SCC 417, wherein, the Apex Court has observed and held that it is for the Authority concerned to explain the delay, if any, in disposal of the representation and if any delay was caused on account of nay indifference or lapse in considering the representation, such delay will adversely affect further detention of the prisoner.
7. In the case on hand, as stated supra, the delay of 27 days in the first part and 15 days in the second part, in considering the representation of the petitioner remains unexplained 2/4
by the respondents. Hence, in our considered view, the detention order is liable to be set aside solely on the ground of delay by following the decision of the Honourable Apex Court referred supra.
8. In fine, the Habeas Corpus Petition is allowed. The detention order in M.H.S.Confdl.No.04/2021, dated 25.01.2021 passed by the second respondent, is set aside. Consequently, the detenu, namely, Manikandan, son of Ramarpandian, aged about 38 years, who is now detained at Central Prison, Palayamkottai, is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :
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To:
1.The Additional Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thenkasi District, Thenkasi.
3.The Superintendent, Central Prison, Palayamkottai.
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4.The Joint Secretary to Government, Public (Law & Order) Fort Saint George, Chennai-600 009.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.W.PAMELIN, Advocate ( SR-21303[F] dated 06/07/2021 ) ORDER MADE IN 06.07.2021 KK(13.07.2021) 4P 7C 4/4