Hemachandran v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1533 of 2022 Hemachandran .. Petitioner/Detenu Vs.
1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Office of the Commissioner, Trichy.
3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records connected with the detention order of the second respondent in C.No. 110/Detention/C.P.O/T.C/2022, dated 18.08.2022, quash the same and direct the respondents to produce the body or person of the detenu by name
Hemachandran, son of Murugan, aged about 27 years, now detained as ''Goonda'' at Trichy Central Prison before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner/detenu viz., Hemachandran, son of Murugan, aged about 27 years, has been detained by the second respondent by his order in C.No.110/Detention/C.P.O/T.C/2022, dated 18.08.2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3. Among other grounds, the detention order is mainly attacked on the
ground that there is a delay in passing the order of detention. The learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 13.06.2022, the detention order was passed only on 18.08.2022, i.e., after a considerable delay of 66 days. Therefore, the detention order has to be set aside.
4. As seen from the grounds of detention, it is clear that though the detenu was arrested on 13.06.2022, the order of detention came to be passed only on 18.08.2022 and hence, there is an abnormal delay in passing the order of detention, which caused prejudice to the interest of the detenu.
5. We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence, the impugned order of detention is liable to be set aside.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.110/Detention/C.P.O/T.C/2022, dated 18.08.2022, passed by the second respondent is set aside. The detenu, viz., Hemachandran, son of Murugan, aged about 27 years, is directed to be
released forthwith unless his detention is required in connection with any other case.
NCC : Yes / No (M.S.R.,J.) (M.N.K.,J.) Index : Yes / No 06.07.2023 smn2/Lm To 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Office of the Commissioner, Trichy.
3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
smn2/Lm H.C.P.(MD)No.1533 of 2022 06.07.2023