Mahalakshmi v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mahalakshmi ... Petitioner -vs1.The State of Tamil Nadu rep.by Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-9 2.The District Collector and District Magistrate Trichirapalli District, Trichirapalli 3.The Inspector of Police Manapparai Police Station Manapparai, Trichirapalli District 4.The Superintendent Central Prison Tiruchirappalli ... 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 relating to the detention order passed by the second respondent in detention order on 07.10.2020 in Cr.M.P.No.71/2020, and to quash the same and direct the respondents to produce the person or body of the detenue, Nagaraj, son of Karuppaiah, aged about 38 years, before this Court and set him at liberty, now detained at Central Prison, Tiruchirappalli.
For Petitioner :
Ms.M.Viji 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 wife of the detenu, namely, Nagaraj, son of Karuppaiah, aged about 38 years, challenging the detention order in Cr.M.P.No.71/2020, dated 07.10.2020, passed by the second respondent, branding him as "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982.
2. Ms.M.Viji, learned counsel for the petitioner, would argue that even though the petitioner has raised several grounds,
she has confined her 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, on instructions, 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 detenu 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 31.10.2020 and it was received on 02.11.2020. Remarks were called for on the same day i.e.02.11.2020 and it was received on 02.12.2020. The Deputy Secretary dealt with the matter on the same day i.e.02.12.2020. The concerned Minister dealt with the matter on 04.12.2020 and the representation came to be rejected on the same day i.e.04.12.2020. It is seen that in between 02.11.2020 and 02.12.2020, there was a delay of 24 days, after excluding the Government Holidays of six 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 24 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 Honourable Apex Court referred supra.
8. In fine, the Habeas Corpus Petition is allowed. The detention order in Cr.M.P.No.71/2020, dated 07.10.2020, passed by the second respondent, is set aside. Consequently, the detenu, namely, Nagaraj, son of Karuppaiah, aged about 38 years, who is now detained at Central Prison, Tiruchirappalli, is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. krk To:
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St.George, Chennai-9.
2.The District Collector and District Magistrate, Trichirapalli District, Trichirapalli.
3.The Joint Secretary to Government, Public(Law and Order), Fort St.George, Chennai-9.
4.The Inspector of Police, Manapparai Police Station, Manapparai, Trichirapalli District.
5.The Superintendent, Central Prison, Tiruchirappalli.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
16.02.2021 MJ (CO) KK(25.02.2021) 3P 7C