Lakshmi v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2015
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No. 266 of 2015 Lakshmi .. Petitioner Vs.
1.State rep. by The Commissioner of Police, Tirunelveli City, Tirunelveli District.
2.The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-9.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the entire records from the first respondent in No.14/BCDFGISSSV/2015, dated 17.02.2015 by setting aside the said order of detention passed by the first respondent and setting the detenu Shanmugam aged about 31 years, S/o.Raja at liberty now detained in the Central Prison, Palayamkottai. For Petitioner : Mr.K.Prabhu For Respondents : Mr. T.Mohan, Additional Public Prosecutor.
O R D E R
*********** [Order of the Court was made by V.S.RAVI,J] The petitioner is the wife of one Mr. Shanmugam. He has been detained as per the order of the first respondent under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drugoffenders, Forest-offenders, Goondas, Immoral Traffic Offenders and Slumgrabbers Act, 1982 (Tamil Nadu Act No.14 of 1982), by order dated 17.02.2015, in No. 14/BCDFGISSSV/2015.
2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and we have also perused the records carefully.
3.Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the Petitioner would mainly focus his argument on the ground that there is violation of procedural safeguards, which are guaranteed under Articles 21 and 22 of the Constitution of India. The learned counsel would submit that the representation made by
the petitioner was not considered on time and there was an inordinate and unexplained delay. The learned counsel has relied on few Judgments of the Hon'ble Supreme Court. Based on the same, the learned counsel would plead for setting aside the detention order.
4.But, the learned Additional Public Prosecutor would, however, oppose this Habeas Corpus Petition. He would submit that though there was delay in considering the representation, on that score, the impugned detention order need not be interfered with, as on account of the said delay, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.
5. We have considered the above submissions.
6.In this case, the Detention Order was passed on 17.02.2015. As against the same, the petitioner made a representation on 24.02.2015. The remarks were called for by the Government from the Detaining Authority on 27.02.2015. The remarks were received by the Detaining Authority on 11.03.2015. Thereafter, the Government considered the issue and passed the order rejecting the representation on 18.03.2015. It is the contention of the petitioner that there was delay of eight days in submitting the remarks by the Detaining Authority and there was delay of three days on the part of the Government in considering the same. 7.Now, the question is as to whether on that score, the impugned order can be quashed.
8. In Rekha Vs. State of Tamil Nadu, [2011 (5) SCC 244], the Hon'ble Supreme Court has held that the right to life and liberty of a person is protected, under Article 21 of the Constitution of India. The Hon'ble Supreme Court has further held that the procedural safeguards are required to be zealously watched and enforced by the Courts of law and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities of the detenu.
9.In Sumaiya Vs. The Secretary to Government, [2007 (2) MWN (Cr.) 145], a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu/detenue would be sufficient to set aside the detention order. 10.In Tara Chand Vs. State of Rajasthan and others, [1980 (2) SCC 321], the Hon'ble Supreme Court has held that any inordinate and unexplained delay on the part of the Government in considering the representation renders the detention illegal. This dictum has been followed in several Judgments consistently by the Hon'ble Supreme Court as well as this Court.
11.Applying the said dictum laid down by the Hon'ble Supreme Court, if we look into the facts of the present case, undoubtedly, there is an inordinate and unexplained delay of eleven working days and therefore, the impugned detention order is liable to be quashed. 12.In the result, this Habeas Corpus Petition is allowed and the impugned Detention Order, passed by the first respondent, in his
proceedings in No.14/BCDFGISSSV/2015 dated 17.02.2015, is quashed. The detenu, by name, Mr.Shanmugam, S/o.Raja, aged about 31 years, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.
Sd/- The Assistant Registrar(CO) /True copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.
2.The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-9.
3.The Superintendent, Central Prison, Palayamkottai 4.The Joint secretary to Government Public(Law and Order) Secretariate, Chennai-9.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.Prabhu, Advocate SR.No.45673 pjl/smn sm:GSV:Pm:21.8.2015:3P/7C ORDER MADE IN H.C.P(MD)No.266 of 2015 11.08.2015