Murugan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.04.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.34 of 2015 Murugan .. Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 9.

2.The Commissioner of Police, O/o.Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai 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 detention order passed by the 2nd respondent in No.61/BCDFGISSV/2014 dated 05.11.2014 and quash the same and direct the respondents to produce the detenu namely Murugan S/o.Guruvan @ Gurusamy Thevar aged about 37 years now detained in Central Prison, Madurai before this Court and set him at liberty forthwith. 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 No.61/BCDFGISSV/2014 dated 05.11.2014 by the detaining authority who has been arrayed as second respondent herein against the detenu by name Murugan S/o.Guruvan @ Gurusamy and quash the same and thereby set him at liberty forthwith.

2. The Inspector of Police, D2 Sellur 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:

(i)Crime No.376 of 2014, D2, Sellur Police Station registered under Section 363 of the Indian Penal code.

(ii)Crime No.740 of 2014, D2, Sellur Police Station registered under Section Girl missing @ 363 of the Indian Penal code. (iii)Crime No.828 of 2014, D2, Sellur Police Station registered under Sections 365, 379, 323 and 506(i) of the Indian Penal code. (iv)Crime No.872 of 2014, D2, Sellur Police Station registered under Sections 363, 511 and 506(ii) of the Indian Penal code. Further it is stated in the affidavit that on 28.08.2014 one Tamilselvan as complainant has given a complaint in Sellur Police Station against the detenu and the same has been registered in Crime No.873 of 2014 under Sections 392 r/w 397 and 506(ii) of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.

3. 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.

4. On the side of the respondents 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.

5. The learned counsel appearing for the petitioner has contended that on the side of the detenu a representation has been submitted and the same has not been disposed of without delay and therefore, the detention order in question is liable to be quashed.

6. The learned Additional Public Prosecutor has contended that the representation submitted on the side of the detenu has been duly disposed of without delay and therefore, the detention order in question does not call for any interference.

7. On the side of the respondents, a proforma has been submitted, wherein it has been clearly stated to the effect that in between column Nos.12 and 13, 11 clear working days are available and no explanation has been given on the side of the respondents with regard to such delay in disposing of the representation 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.

8. In fine, this Habeas Corpus Petition is allowed and the detention order dated 05.11.2014 passed in No.61/BCDFGISSV/2014 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 /True copy/ Sub Assistant Registrar

To 1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 9.

2.The Commissioner of Police, O/o.Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Joint Secretary to Government, Public, Law & Oder, Fort St.George, Chennai - 600 009. +1cc to Mr.R.Alagumani, Advocate, in SR. No. 23355 TS/04.05.2015/3P-7C H.C.P.(MD)No.34 of 2015 29.04.2015