L.Tharani 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.1609 of 2022 L.Tharani .. Petitioner/Wife of Detenu Vs.

1.Government of Tamil Nadu, Represented by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Superintendent, Central Prison, Madurai.

.. 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 No.66/BCDFGISSSV/2022 dated 13.08.2022 and quash the same and direct the respondents to produce

the person or body of the detenu namely Lakshmanan, S/o.Rajangam, aged about 33 years (now detained at Central Prison, Madurai) before this Court and set him at liberty.

For Petitioner : Mr.K.Dinesh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the wife of the detenu viz., Lakshmanan, aged about 33 years, S/o.Rajangam. The detenu has been detained by the second respondent by his order in No.66/BCDFGISSSV/2022 dated 13.08.2022 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 21.06.2022, the detention order was passed only on 13.08.2022, i.e., after a considerable delay of 53 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 21.06.2022, the order of detention came to be passed only on 13.08.2022 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 No.66/BCDFGISSSV/2022 dated 13.08.2022 passed by the

second respondent is set aside. The detenu, viz., Lakshmanan, S/o.Rajangam, aged about 33 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) (M.N.K.,J.) 06.07.2023 NCC : Yes / No Index : Yes / No Lm To 1.The Principal Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Superintendent, Central Prison, Madurai.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.1609 of 2022 06.07.2023