S.Ariyadevi v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P. (MD) No.1170 of 2023 S.Ariyadevi .. Petitioner Vs.
1.State of Tamil Nadu, Rep. by the Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Ramanathapuram District, Ramanathapuram.
3.The Superintendent of Prison, Central Prison, Madurai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the detention order passed by the second respondent pertaining to the order made in S.R.No.03/Goonda/2023 dated 24.08.2023 and quash the same and direct the respondent to produce the body or person of the petitioner's husband namely Thakka Sethuraman @ Sethuraman, son of Subbuchandran Page Nos.1/12
aged about 38 years who is detained at Central Prison, Madurai before this Honble Court and set him at liberty.
For Petitioner :
Mr.N.Pragalathan For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] When the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] was listed in the Admission Board on 19.09.2023, a Hon'ble Coordinate Division Bench made the following order in the Admission Board:
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2. It has now become necessary to set out a thumbnail sketch of factual matrix and we do so in the paragraphs infra.
3. Today, the captioned matter is in the Final Hearing Board.
4. Captioned HCP has been filed by the wife of the detenu assailing the 'preventive detention order dated 24.08.2023 bearing reference in S.R.No.03/Goonda/2023' [hereinafter 'impugned preventive detention order' for the sake of brevity and convenience]. To be noted, sponsoring authority has not been arrayed as a respondent and we find that Station House Officer of Kadaladi Police Station, is the sponsoring authority [hereinafter 'sponsoring authority' for convenience and brevity] and second respondent is the detaining authority as impugned preventive detention order has been made by second respondent.
5. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, Page Nos.3/12
1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.
6. There are four adverse cases and one ground case. The ground case which constitutes substantial part of substratum of the impugned preventive detention order is Crime No.90 of 2023 on the file of Kadaladi Police Station, for the alleged offences under Sections 294(b), 332 and 307 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Considering the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix of the case.
7. Mr.N.Pragalathan, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for all respondents are before us.
8. In the final hearing today, learned counsel predicated his campaign against impugned preventive detention order on the point that the initial Page Nos.4/12
remand order qua ground case has been relied on by the detaining authority in the grounds of impugned preventive detention order but the same has not been furnished to the detenu causing infraction of constitutional right ingrained in Article 22(5) of the Constitution of India.
9. Elaborating on the aforementioned point, learned counsel drew our attention to a portion of paragraph No.4 of the grounds of impugned preventive detention order which reads as follows: '.....4. The accused was produced in the Judicial Magistrate Court, Kadaladi on 31.07.2023 and remanded to judicial custody upto 14.08.2023 and lodged in the District Jail, Ramanathapuram. His remand was extended upto 28.08.2023.....'
Learned counsel submitted that the detaining authority has relied on the initial remand on 31.07.2023 but the same has not been furnished to the detenu as part of the grounds booklet.
10. In response to the aforementioned argument, learned Prosecutor submitted that the order extending the remand after the initial order of Page Nos.5/12
remand has been furnished to the detenu.
11. We carefully considered the rival submissions. In considering the rival submissions, we find that a similar/same point was dealt with by us in R.Selvi Vs. The Additional Cheif Secretary to Government and others High Court).
12. A scanned reproduction of Selvi's case as reported in 2023/MHC/4778 is as follows:
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Paragraphs 6 to 8 in Selvi's case constitute the crux and gravamen of the issue in the legal drill on hand.
13. In the light of Selvi's case principle, we have no hesitation in sustaining the submission of learned counsel for HCP petitioner that the sanctus constitutional right of the detenu which has been ingrained in Article 22(5) by way of a Constitutional safeguard has been breached. Page Nos.9/12
14. Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 24.08.2023 bearing reference S.R.No. 03/Goonda/2023 made by the second respondent is set aside and the detenu Thiru.Thakka Sethuraman @ Sethuraman, male, aged 38 years, son of Thiru.Subbuchandran is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 07.11.2023 Index : Yes PKN P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Madurai. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. Page Nos.10/12
To 1.The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Ramanathapuram District, Ramanathapuram.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5. The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Chennai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
PKN 07.11.2023 Page Nos.12/12