Nageswari v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1714 of 2022 Nageswari .. Petitioner /Sister of Detenu Vs.
1.The Principal Secretary to Government, Home, Prohibition and Excise (XIV) Department, State of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Virudhunagar District, Virudhunagar.
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 records pertaining to the detention order passed by the second respondent in Cr.M.P.No.38/2022 dated 30.09.2022 and quash the same and consequently direct the respondents to produce the body or person of Mr.Suruleeswaran,
S/o.Maheswaran, aged 27 years, confined in Central Prison, Madurai before this Court and set him at liberty.
For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the sister of the detenu viz., Suruleeswaran, aged about 27 years, S/o.Maheswaran. The detenu has been detained by the second respondent by his order in Cr.M.P.No.38/2022 dated 30.09.2022 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 27.07.2022, the detention order was passed only on 30.09.2022, i.e., after a considerable delay of two months. Therefore, the detention order has to be set aside.
4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter. It is further submitted that investigation has been completed in this case and final report has been filed and the same is pending trial before the Additional District Court, Virudhunagar in S.C.No.85/2023.
5. As seen from the grounds of detention, it is clear that though the detenu was arrested on 27.07.2022, the order of detention came to be passed only on 30.09.2022 and hence, there is an abnormal delay in passing the order of detention, which caused prejudice to the interest of the detenu.
6. 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.
7. In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.38/2022 dated 30.09.2022 passed by the second respondent is set aside. The detenu, viz., Suruleeswaran, S/o.Maheswaran, aged about 27 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.) 13.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi
To 1.The Principal Secretary to Government, Home, Prohibition and Excise (XIV) Department, State of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Virudhunagar District, Virudhunagar.
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/mbi H.C.P.(MD)No.1714 of 2022 13.07.2023