Senthuran @ Senthurpandi v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.07.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.183 of 2015 Senthuran @ Senthurpandi .. Petitioner Vs.
1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, O/o. District Collector and District Magistrate, Thoothukudi District.
3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli 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 the entire records connected with the detention order of the respondent No.2 in H.S.(M)Confdl.No.5/2015 dated 27.01.2015 and quash the same and direct the respondents to produce the detenu namely Senthuran @ Senthurpandi S/o.Karuppanan aged about 50 years detained in Palayamkottai Central Prison 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 H.S.(M)Confdl.No.5/2015 dated 27.01.2015 by the detaining authority who has been arrayed as second respondent herein against the detenu by name Senthuran @ Senthurpandi S/o.Karuppanan, and quash the same and thereby set him at liberty forthwith.
2. The Inspector of Police, Vilathikulam 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 cases.
(i)Crime No.57 of 2014, Masarpatti Police Station, registered under Sections 457 and 380 of the Indian Penal Code.
(ii)Crime No.108 of 2014, Masarpatti Police Station, registered under Sections 457 and 511 of the Indian Penal Code.
(iii)Crime No.05 of 2015, Soorankudi Police Station, registered under Sections 294(b), 387, 307 and 506(ii) of the Indian Penal Code.
(iv)Crime No.9 of 2015, Vilathikulam Police Station, registered under Sections 457 and 380 of the Indian Penal Code.
3. Further it is stated in the affidavit that on 05.01.2015 one Selvaraj S/o.Chithiraivel as defacto complainant has given a complaint in Vilathikulam Police Station against the detenu and the same has been registered in Crime No.10 of 2015 under Sections 294 (b), 387 and 307 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 the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the detenu himself 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/detenu has contended that on the side of the detenu two representations are submitted and the same have not been 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 the representations submitted on the side of the petitioner/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 it has been clearly stated that with regard to first representation in between column Nos.7 to 9, 35 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, 27 clear working days are available and in between column Nos.12 and 13, 5 clear working days are available and no explanation has been given on the side of the respondents with regard to such inordinate delay in disposing of the representations and that itself would affect the rights of the detenu 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 27.01.2015 passed in H.S.(M)Confdl.No.5/2015 by the detaining authority/second respondent herein is quashed and the petitioner/detenu is ordered to be set at liberty forthwith, unless he is required to be incarcerated in any other case. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar mj To 1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, O/o. District Collector and District Magistrate, Thoothukudi District.
3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.
4.The Joint Secretary Government of Tamil Nadu, Public Law & Order, Fort St., George, Chennai-9. 5.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.R.Alagumani, Advocate in Sr NO.40173 H.C.P.(MD)No.183 of 2015 21.07.2015 RG.23.07.2015 3P.7C.