Parveen v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Parveen .. Petitioner vs 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus calling for the entire records connected with the detention order of the respondent No.2 in Cr.M.P.No. 13/2023 dated 25.07.2023 and quash the same and direct the respondents to produce the detenu by name Mubarak Ali alias Ali, son of Kadhar Batcha aged about 32 years, now detained as "Sexual Offender" at Trichy Central 1/10

Prison, before this Court and set him at liberty forthwith. For Petitioner :

Mr.S.Rameshkumar For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity] was listed in the Admission Board before us on 02.11.2023 and we made the following order: 2/10

2. The aforementioned Admission Board order captures all essentials that are imperative for appreciating this order and we would plunge into the legal drill of testing the impugned preventive detention order in the habeas legal drill on hand. Suffice to say that aforementioned Admission Board order dated 02.11.2023 shall now be read as an integral part and parcel of this final order. It means that the short forms, short references and abbreviations used in the Admission Board order will continue to be used in the instant final order also.

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3. Mr.S.Rameshkumar, learned counsel on record for petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for all respondents are before us.

4. When the matter was taken up, this Court was informed without any disputation and contestation that co-accused in the ground case was also clamped with a preventive detention order, the same was challenged vide HCP (MD) No.1276 of 2023 [Niyaz Vs. The Principal Secretary to Government, Home Prohibition and Excise Department, State of Tamil Nadu] and this HCP was allowed by an order of this Court dated 04.12.2023 which reads as follows:

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5. There is also no disputation or contestation that the point that enured to the favour of the co-accused in Niyaz's case is directly and squarely available to the detenu in the case on hand also. This reminds us of the age old adage 'Sauce for the Goose is Sauce for the Gander too'. In this view of the matter, captioned HCP will also stand allowed.

6. Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 25.07.2023 bearing Cr.M.P.No.13/2023 7/10

made by the second respondent is set aside and the detenu Thiru.Mubarak Ali alias Ali, aged 32 years, son of Kadhar Batcha, 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.) 11.12.2023 Index : Yes PKN Post Script: (i) Registry to forthwith communicate this order to Jail authorities in Central Prison, Tiruchirappalli. (ii) All concerned to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

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 11.12.2023 10/10