Laisa v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.919 of 2016 Laisa : Petitioner Vs.
1.State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil, Nagercoil.
3.The Superintendent of Prison, Special Prison for Women, Tiruchirapalli, Tiruchirapalli District.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the entire records connected with the detention order passed in P.D.No.25/2016, dated 12.05.2016, on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Laisa, W/o.Mookayan @ Pitchaimani, aged about 40 years, now detained at Special Prison for Women, Tiruchirapalli, Tiruchirapalli District before this Court and set her at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor *********
ORDER
****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the detenue viz., Laisa, W/o.Mookayan @ Pitchaimani, aged about 40 years. The detenue has been detained, as per the order of the second respondent, dated 12.05.2016, under Section 2(g) of the Tamil Nadu Act 14 of 1982, branding her as "Immoral Traffic Offender". Challenging the same, she has come up with this Habeas Corpus Petition.
2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 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. 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 detenue 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 12.05.2016. As against the same, the petitioner made a representation on 06.07.2016. The remarks were called for by the Government from the Detaining Authority on 20.07.2016. The remarks were received on 09.09.2016. Thereafter, the Government considered the issue and passed the order rejecting the representation on 04.10.2016. It is the contention of the petitioner that there was delay of 33 days in submitting the remarks by the Detaining Authority and there was delay of 16 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 49 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 second respondent, in his proceedings in P.D.No.25/2016, dated 12.05.2016, is quashed. The detenue, namely Laisa, W/o.Mookayan @ Pitchaimani, aged about 40 years, is ordered to be set at liberty forthwith, if she is not required for detention in connection with any other case. Sd/- Assistant Registrar(crl side) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil, Nagercoil.
3.The Superintendent of Prison, Special Prison for Women, Tiruchirapalli, Tiruchirapalli District.
4.The Joint secretary to Govt Public (Law & order) Fort St.George, chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
SML JS/10/01/2017/4P-6C Order made in H.C.P.(MD)No.919 of 2016 Dated: 22.12.2016