Philomina v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.06.2015 Coram THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.79 of 2015 Philomina .. Petitioner Vs.
1.The Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector & District Magistrate, O/o.District Collector & District Magistrate, Thanjavur District.
3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli.
.. 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 P.D.No.02/2015 dated 04.01.2015 and quash the same and direct the Respondents to produce the detenu namely Dominic S/o.Gabriel aged about 25 years, detained in Trichirapalli Central Prison before this Honourable 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 P.D.No.02/2015 dated 04.01.2015 by the detaining authority who has been arrayed as second respondent herein against the detenu by name Dominic S/o.Gabriel and quash the same and thereby set him at liberty forthwith.
2. The Inspector of Police, South Police Station, Thanjavur 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.325 of 2013, Thanjavur South Police Station, registered under Sections 386 of the Indian Penal Code altered to Section 25(1)(A) of Indian Arms Act.
3. Further it is stated in the affidavit that on 01.10.2014 at about 21.00 hours one Manonmani has lodged a complaint in South Police Station, Thanjavur against the detenu and the same has been registered in Crime No.226 of 2014 under Section 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 perusing 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 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 three 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 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 it has been clearly stated that with regard to first representation in between column Nos.7 to 9, 10 clear working days are available and in between column Nos.12 and 13, 15 clear working days are available; with regard to second representation in between column Nos.12 and 13, 16 clear working days are available and with regard to third representation, in between column Nos.7 to 9, 7 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 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 04.01.2015 passed in P.D.No.02/2015 by the detaining
authority/second respondent herein is quashed and the detenu by name Dominic 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 and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector & District Magistrate, O/o.District Collector & District Magistrate, Thanjavur District.
3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli.
4. The Joint Secretary, Government of Tamil Nadu, Public (Law & order) Department, Fort St. George, Chennai. 5.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.R.Aalagumani, Advocate in SR.No 33808 TS/25.06.2015/3P -7C H.C.P.(MD)No.79 of 2015 24.06.2015