S.Sundaravalli v. The Principal Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.2017 of 2022 S.Sundaravalli .. Petitioner / Wife of the Detenu Vs.

1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise (XIV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector Cum District Magistrate, Pudukkottai, Pudukkottai District.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli - 620 020.

4.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

.. 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 in P.D.O.No.43/2022 dated 17.10.2022 passed by the second

respondent and set aside the same by setting the detenu namely A.Sivakumar S/o.Ammasi aged about 28 years and set him at liberty, now detained at Central Prison, Tiruchirappalli.

For Petitioner : Mr.P.P.Alwin Balan 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., Sivakumar, aged about 28 years, S/o.Ammasi. The detenu has been detained by the second respondent by his order in P.D.O.No.43/2022 dated 17.10.2022 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 30.08.2022, the detention order was passed only on 17.10.2022, i.e., after a considerable delay of 48 days. Therefore, the detention order has to be set aside.

4. The learned Additional Public Prosecutor has not filed his counter. However, he strongly opposed the Habeas Corpus Petition. It is further submitted that investigation has been completed in this case and final report has been filed in S.C.No.31/2023 and the same is pending before the Mahila Court, Pudukkottai.

5. As seen from the grounds of detention, it is clear that though the detenu was arrested on 30.08.2022, the order of detention came to be passed only on 17.10.2022 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 P.D.O.No.43/2022 dated 17.10.2022 passed by the second respondent is set aside. The detenu, viz., Sivakumar, S/o.Ammasi, aged about 28 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.) 29.08.2023 NCC : Yes / No Index : Yes / No Lm

To 1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise (XIV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector Cum District Magistrate, Pudukkottai, Pudukkottai District.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli - 620 020.

4.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

5.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

6.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.2017 of 2022 29.08.2023