Anjammal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.04.2015
CORAM
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.1522 of 2014 Anjammal .. Petitioner Vs.
1.The Secretary to Government, Home, Prohibition & Excise Department, State of Tamilnadu, Secretariat, Chennai - 9.
2.The Commissioner of Police, O/o. Commissioner of Police, Trichirapalli City.
3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli District.
.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to call for entire records pertaining to the impugned detention order passed by the 2nd respondent in in C.No.39/Detention / C.P.O/T.C/2014 dated 11.12.2014 and quash the same and direct the respondents to produce the body or person of the detenu namely Vetri @ Vetrivel S/o.Palanisamy, aged about 23 years, detained in Central Prison, Tiruchirapalli before this Court and set him at liberty.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Ramesh, Addl.Public Prosecutor
ORDER
(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the detention order passed in C.No.39/Detention / C.P.O/T.C/2014 dated 11.12.2014 by the detaining authority who has
been arrayed as second respondent herein against the detenu by name Vetri @ Vetrivel S/o.Palanisamy and quash the same and thereby set him at liberty forthwith.
2. The Inspector of Police, Woraiyur Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse case:
Crime No.255/2014, Ariyamangalam Police Station, Tiruchirapalli City, registered under Sections 387 and 506(ii) of the Indian Penal Code.
3. Further it is stated in the affidavit that on 05.05.2014, one Sakila as complainant has given a complaint to the Sub Inspector of Police, Woraiyur Police Station and the same has been registered in Crime No.193 of 2014 under Section 302 of the Indian Penal Code and subsequently altered into Sections 147, 148, 341, 120(b), 34, 149 and 302 of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
4. The detaining authority after considering the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a 'habitual offender' and ultimately branded him as 'goonda' by way of passing sthe impugned detention order and in order to quash the same, the present Petition has been filed by the mother of the detenu as petitioner.
5. On the side of the respondents a detailed counter has been filed, wherein it has been contended to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
6. The learned counsel appearing for the petitioner has contended that on the side of the detenu two representations have been submitted and the same are not disposed of without delay and therefore, the detention order in question is liable to be quashed.
7. The learned Additional Public Prosecutor has contended that all the representations submitted on the side of the detenu are duly disposed of without delay and therefore, the detention order in question does not call for any interference.
8. On the side of the respondents, a proforma has been submitted, wherein, with regard to first representation it has been clearly stated that in between column Nos.7 to 9, 3 clear working days are available and in between column Nos.12 and 13, 5
clear working days are available and with regard to second representation in between column Nos.7 to 9, 8 clear working days are available and in between column Nos.12 and 13, 4 clear working days are available and no explanation has been given on the side of the respondents with regard to huge delay in disposing of the representations submitted on the side of the detenu and that itself would affect his rights guaranteed under Article 22(5) of the Constitution of India and therefore, the detention order in question is liable to be quashed.
9. In fine, this Habeas Corpus Petition is allowed and the detention order dated 11.12.2014 passed in C.No.39/Detention/C.P.O/T.C/2014 by the detaining authority/second respondent herein is quashed and the detenu by name Vetri @ Vetrivel is ordered to be set at liberty forthwith, unless he is required to be incarcerated in any other case. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Home, Prohibition & Excise Department, State of Tamilnadu, Secretariat, Chennai - 9. 2.The Commissioner of Police, O/o. Commissioner of Police, Trichirapalli City.
3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli District.
[in duplicate for communication to the detenu] 4.The Joint Secretary to Government of Tamilnadu, Public (Law & order) Department, Fort St.George, Chennai-9. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.R.Alagumani, Advocate, in SR. No.17725. H.C.P.(MD)No.1522 of 2014 07.04.2015 mj msm 10.04.2015 p3/8c