Vadivel, S/O.Valvangi v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2020
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Vadivel ... Petitioner Vs.
1.The State of Tamil Nadu, represented by The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to call for the entire records connected with the detention order passed in H.S(MD)Confdl.No.52/2019, dated 26.09.2019, 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, Vadivel, aged about 39 years, son of Valvangi, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.
For Petitioner : Mr.S.Pandiyaraj For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor
ORDER
[Order of the Court was made by B.PUGALENDHI,J.] The petitioner is the detenu viz., Vadivel, son of Valvangi, aged about 39 years. The detenu has been detained, as per the order of the second respondent, dated 26.09.2019, under 1/3
Section 2(f) of the Tamil Nadu Act 14 of 1982, branding him as "Goonda". Challenging the same, the petititoner is before this Court with this Habeas Corpus Petition.
2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. It is seen that the detention order has been clamped based on the solitary case registered on 27.08.2019 in Thoothukudi Central Police Station Crime No.350 of 2019 under Sections 147, 148, 449, 294(b), 302 and 506(ii) of the Indian Penal Code @ Sections 109, 114, 120-B, 147, 148, 449, 294(b), 302 and 506(ii) of the Indian Penal Code. However, in Paragraph No.4 of the grounds of detention, the Detaining Authority has stated as follows:
"In the above adverse case and in the ground case, more than one person has been affected by the acts of the accused Vadivel. Moreover, the offences were caused in different periodical intervals. Further accused Vadivel has been habitually doing grave crimes and thereby acted in a manner prejudicial to the maintenance of public order."
When there are no adverse cases to the credit of the detenu, the aforesaid averment shows lack of application of mind on the part of the Detaining Authority, which, in the opinion of this Court, vitiates the detention order.
4. In the result, this Habeas Corpus Petition is allowed by setting aside the order of detention passed by the second respondent, in H.S.(M)Confdl.No.52/2019, dated 26.09.2019. Consequently, the detenu, namely, Vadivel, son of Valvangi, aged about 39 years, who is now detained at Central Prison, Palayamkottai, is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case/proceedings.
Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
RSB/SML To 1.The Principal 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, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
4.The Joint Secretary to Government Public(Law and Order) Fort Saint George, Chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
30.06.2020 KM (08.07.2020) 3P 6C 3/3