Kathirselvi v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Kathirselvi ... Petitioner -vs1.The Additional Chief Secretary of Government Home, Prohibition and Excise Department Secretariat, Chennai-9 2.The Collector and District Magistrate Thanjavur, Thanjavur District 3.The Superintendent Special Prison for Women Trichy District ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus calling for the records in pursuant to the proceedings of the second respondent in Detention Order in P.D.No.16/2020 dated 30.06.2020 and quash the same and consequently direct the respondents to produce the petitioner's mother namely Rajam, wife of Malaravan, aged 49 years, who is now detained in Special Prison for Women, Trichy, before this Court and set her at liberty.

For Petitioner :

Mr.A.Arun Prasad For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) This habeas corpus petition has been filed by the daughter of the detenue, namely, Rajam, wife of Malaravan, aged 49 years, challenging the detention order in P.D.No.16/2020 dated 30.06.2020, passed by the second respondent, branding her as "Immoral Traffic Offender" as contemplated under Section 2(g) of Tamil Nadu Act 14 of 1982.

1/3

2. Mr.A.Arun Prasad, learned counsel for the petitioner, would argue that even though the petitioner has raised several grounds, he has confined his arguments only to the delay in disposal of the petitioner's representation. It is submitted by the learned counsel for the petitioner that the procedural safeguards guaranteed under Articles 21 and 22 of the Constitution of India have not been followed in this case and there is unexplained and inordinate delay in disposal of the petitioner's representation, which would vitiate the impugned order of detention.

3. Mr.K.Dinesh Babu, learned Additional Public Prosecutor, while reiterating the counter affidavit filed by the second respondent, submitted that after satisfying with the materials placed by the Sponsoring Authority, the Detaining Authority has passed the detention order and there is no illegality or infirmity in the detention order. It is also stated that even if there is any delay in disposal of the representation, it has not caused any prejudice to the rights of the detenue and hence, prayed for dismissal of the habeas corpus petition.

4. Heard both sides and perused the materials available on record.

5. In the instant case, the proforma furnished by the learned Additional Public Prosecutor would indicate that as against the impugned detention order, the petitioner made a representation to the first respondent on 13.07.2020 and it was received on 23.07.2020. Remarks were called for on the same day i.e.23.07.2020 and it was received on 13.08.2020. The Deputy Secretary dealt with the matter on the same day i.e.13.08.2020. The concerned Minister dealt with the matter on 03.09.2020 and the representation came to be rejected on 04.09.2020. It is seen that in between 13.08.2020 and 03.09.2020, there was a delay of thirteen days after excluding the Government Holidays of seven days, in considering the petitioner's representation.

6. At this juncture, it is useful to refer the decision of the Honourable Apex Court in the case of Rajammal vs. State of Tamil Nadu and another, reported in 1999 (1) SCC 417, wherein the Apex Court has observed and held that it is for the Authority concerned to explain the delay, if any, in disposal of the representation and if any delay was caused on account of nay indifference or lapse in considering the representation, such delay will adversely affect further detention of the prisoner.

7. In the case on hand, as stated supra, the delay of thirteen days in considering the representation of the petitioner has not been properly explained by the respondents. Hence, in our considered view, the detention order is liable to be set aside solely on the ground of delay by following the decision of the 2/3

Honourable Apex Court referred supra.

8. In fine, the Habeas Corpus Petition is allowed. The detention order in P.D.No.16/2020 dated 30.06.2020, passed by the second respondent, is set aside. Consequently, the detenue, namely, Rajam, wife of Malaravan, aged 49 years, who is now detained at Special Prison for Women, Trichy, is directed to be released forthwith unless her presence or custody or detention is required in connection with any other case.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) krk Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate / litigant concerned.

To:

1.The Additional Chief Secretary of Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2.The Collector and District Magistrate, Thanjavur, Thanjavur District.

3.The Superintendent, Special Prison for Women, Trichy District.

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

5.The Joint Secretary to Government, Public(Law & Order),Fort St.George,Chennai-9. 30.11.2020 (3/4) AC(CO) AP(09/12/2020) 3P 6C 3/3