Mariammal 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.283 of 2015 Mariammal .. Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.

2.The District Collector & District Magistrate, O/o. District Collector & District Magistrate Tiruchirapalli District, Tiruchirapalli.

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 the entire records connected with the detention order of the respondent No.2 in Cr.M.P.No.02/2015 dated 27.02.2015 and quash the same and direct the respondents to produce the detenu namely Nandha @ Nandhakumar S/o.Sureshkumar, aged about 27 years detained in Trichirapalli 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 Cr.M.P.No.02/2015 dated 27.02.2015 by the detaining authority who has been arrayed as second respondent herein against the detenu by name Nandha @ Nandhakumar S/o.Sureshkumar and quash the same and thereby set him at liberty forthwith.

2. The Inspector of Police, Tiruverumbur 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.51 of 2011, Thuvakudi Police Station, registered under Sections 294(b), 324 and 506(ii) of the Indian Penal Code.

(ii)Crime No.540 of 2011, Athur Police Station, registered under Section 392 of the Indian Penal Code. (iii)Crime No.276 of 2012, Thuvakudi Police Station, registered under Sections 147, 148, 294(b), 324 and 506 (ii) of the Indian Penal Code.

(iv)Crime No.36 of 2013, Thuvakudi Police Station, registered under Section 392 r/w 397 of the Indian Penal Code.

(v)Crime No.248 of 2013, Thuvakudi Police Station, registered under Section 397 of the Indian Penal Code. (vi)Crime No.48 of 2014, Thuvakudi Police Station, registered under Sections 147, 148, 294(b), 324 and 307 of the Indian Penal Code.

(vii)Crime No.97 of 2014, Thuvakudi Police Station, registered under Section 399 of the Indian Penal Code.

3. Further it is stated in the affidavit that on 15.12.2014 one Habibullah S/o.Haneefa as defacto complainant has given a complaint against the detenu in Thiruverumbur Police Station and the same has been registered in Crime No.750 of 2014 under Section 392 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 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 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 detenu have been 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, 31 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, 25 clear working days are available and in between column Nos.12 and 13, 7 clear working days are available and no explanation has been given on the side of the respondents with regard to such huge 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 27.02.2015 passed in Cr.M.P.No.02/2015 by the detaining authority/second respondent herein is quashed and the detenu by name Nandha @ Nandhakumar is ordered to be set at liberty forthwith, unless he is required to be incarcerated in any other case.

Sd/- Assistant Registrar (R ) \\True copy\\ Sub Assistant Registrar To 1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort.St.George, Chennai - 600 009.

2.The District Collector & District Magistrate, O/o. District Collector & District Magistrate Tiruchirapalli District, Tiruchirapalli.

3. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai -9. 4.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli District. 5.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Alagumani, Advocate SR.No.40171 akm/22.07.15 /3p-7c/ H.C.P.(MD)No.283 of 2015 21.07.2015