S.Ganesan v. The Principal Secretary To Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI S.Ganesan ... Petitioner -vs1.The Principal Secretary to Government of India, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.The Commissioner of Police,(A.M.I.S) Tiruchirapalli City, Trruchirapalli.
3.The Superintendent of Prison, Tiruchirapalli Central Prison, Tiruchirapalli.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records pertaining to the impugned detention order passed by the second respondent made in his proceedings in C.No.11/Detention/C.P.O/T.C/2020 dated 18.06.2020 in detaining the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely, Karthikeyan, S/o.Ganesan, Male aged about 26 years,who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.
For Petitioner : Mr.M.Ajmalkhan Senior Counsel for M/s Ajmal Associates For Respondents: Mr.K.Dinesh Babu Additional Public Prosecutor 1/4
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The Habeas Corpus Petition has been filed by the father of the detenu, namely, Karthikeyan, son of Ganesan, Male aged about 26 years, who has been branded as "Goonda" by the second respondent in Detention Order in C.No.11/Detention/C.P.O/T.C/2020 dated 18.06.2020, as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.
2.Though several grounds have been raised challenging the impugned order of detention passed by the second respondent, dated 18.06.2020, Mr.M.Ajmalkhan, learned senior counsel for the petitioner would contend that the procedural safeguards guaranteed under Articles 21 and 22 of the Constitution of India has been violated and there is an inordinate and unexplained delay in considering the representation of the petitioner and on this sole ground, the detention order is liable to be set aside. 3.Per contra, Mr.K.
Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents would argue that the detaining authority, namely, the second respondent herein, after being satisfied with the materials produced by the sponsoring authority, has passed the detention order only to prevent the detenu from indulging in similar offence in future, which would prejudice to the maintenance of the public order. He would further state that the delay, if any, in considering the representation would not cause any prejudice to the detenu and there is no infirmity or irregularity in the order of detention passed by the second respondent. Hence, he prayed for dismissal of the Habeas Corpus Petition.
4.We have heard the rival submissions and perused the materials available on records.
5.In the instant case, it is not in dispute that the detenu was detained by the order of the second respondent dated 18.06.2020. Aggrieved over the same, a representation dated 04.07.2020 has been sent to the first respondent and the same was received on 10.07.2020 and on the same day, remarks were called for, but the same were received only on 20.07.2020. The Deputy Secretary dealt with the matter on 20.07.2020. The concerned Minister dealt with the matter on 24.07.2020 and thereafter, the detenu's representation was rejected on 28.07.2020. It is seen that there was delay of 10 days between 10.07.2020 and 20.07.2020. It is also seen that there are 4 Government holidays and after excluding the same, there is a delay of 6 days in considering the representation of the detenu. 2/4
6.In the case of Rajammal vs. State of Tamil Nadu and another (1999 (1) SCC 417) the Honourable Apex Court 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, there is absolutely no explanation for the delay of 6 days in considering the representation of the detenu. 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 Honourable Apex Court referred supra. 8.In fine, the order of detention passed by the second respondent, in C.No.11/Detention/C.P.O/T.C/2020 dated 18.06.2020 is set aside and the Habeas Corpus Petition is allowed. Consequently, the detenue, namely, Karthikeyan, son of Ganesan, male, aged about 26 years, now detained at Trichy Central Prison is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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 Principal Secretary to Government of India, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
3/4
2.The Commissioner of Police,(A.M.I.S) Tiruchirapalli City, Trruchirapalli.
3.The Superintendent of Prison, Tiruchirapalli Central Prison, Tiruchirapalli.
4.The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai-9.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-22266[F] dated 20/11/2020 ) 20.11.2020 MJ(CO) NR (29/12/2020) 4P : 7C 4/4