N.Iswarya v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.2050 of 2022 N.Iswarya .. Petitioner / wife of the Detenu Vs.
1.The Additional Chief 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 Ariyalur District, Ariyalur.
3.The Superintendent of Police, 4.The Superintendent of Prison, Central Prison, Tiruchirappalli Tiruchirappalli
5.State rep. by Inspector of Police, Thirumanur Police Station, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the records of the 2nd respondent pertaining to the order made in Cr.M.P.No.31/2022 dated 13.10.2022 in detaining the detenu under the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely Neethimozhi M/A-32 son of Rajendran who is detained at the Central Prison, Tiruchirappalli before this court and set him at liberty. For Petitioner : Mr.B.Balamurugan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the daughter of the detenu viz., Neethimozhi, S/o. Rajendran, aged about 32 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.31/2022 dated 13.10.2022 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. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the copy of the translated copy of the remand order has not been furnished to the detenu, despite the same has been sought for by the petitioner in his representation. Therefore, on the sole ground, the detention order is liable to be quashed.
4. Though counter affidavit has not been filed, the learned Additional Public Prosecutor for the respondents strongly made his objections.
5. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially, the representation made by the petitioner dated 29.10.2022, he had sought for the translated copy of the remand order, however, the same has not been furnished to the detenu, which vitiates the order of detention.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.31/2022 dated 13.10.2022 passed by the second respondent is set aside. The detenu, viz., Neethimozhi S/o.Rajendran, aged about 32 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.) 14.07.2023 NCC : Yes / No Index : Yes / No RR
To 1.The 1.The Additional Chief 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 Ariyalur District, Ariyalur.
3.The Superintendent of Police, 4.The Superintendent of Prison, Central Prison, Tiruchirappalli Tiruchirappalli 5.The Inspector of Police, Thirumanur Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
RR H.C.P.(MD)No.2050 of 2022 14.07.2023