M.Mariammal v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P. (MD) No.1320 of 2023 M.Mariammal .. Petitioner Vs.
1.State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
.. 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 H.S.(M) Confdl. No.72/2023 dated 29.05.2023 and quash the same and direct the respondents to produce the body or person of the petitioner's son namely Sudalaikumar, son of Mahendran aged about 19 years who is Page Nos.1/12
detained at Central Prison, Palayamkottai, 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 before us on 02.11.2023, this Bench made the following order and a scanned reproduction of the same is as follows: Page Nos.2/12
2. The aforementioned 02.11.2023 order captures all essentials, i.e., all facts that are imperative for appreciating this final order and therefore, we are not setting out the facts again in this final order. Suffice to say that aforementioned order shall be read as an integral part and parcel of this final order. Be that as it may, we are using the short forms, short references and abbreviations used in the order dated 02.11.2023 in this order also for the sake of convenience and clarity.
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3. 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.
4. There is no adverse case and one ground case. The ground case which constitutes sole substratum of the impugned preventive detention order is is Crime No.182 of 2023 on the file of Thalamuthunagar Police Station for alleged offences under Sections 294(b), 342, 307 and 506(ii) of IPC. Considering the nature of the challenge to the impugned preventive detention order, it is not necessary to delve into the factual matrix of the case.
5. In the final hearing today, learned counsel predicated his campaign against impugned preventive detention order on the point that the initial 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. Page Nos.4/12
6. Elaborating on the aforementioned point, learned counsel drew our attention to a portion of paragraph No.3 of the grounds of impugned preventive detention order which reads as follows: '.....3. He was produced before the Court of Judicial Magistrate No.II., Thoothukudi on 05.05.2023 and forwarded to judicial custody up to 19.05.2023 and lodged in Thoothukudi District jail at Perurani. Further his remand was extended up to 02.06.2023. The case is under investigation.'
Learned counsel submitted that the detaining authority has relied on the initial remand on 05.05.2023 but the same has not been furnished to the detenu as part of the grounds booklet.
7. In response to the aforementioned argument, learned Prosecutor submitted that the order extending the remand after the initial order of remand has been furnished to the detenu.
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8. 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).
9. 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.
10. 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
11. Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 29.05.2023 bearing reference H.S.(M) Confdl. No.72/2023 made by the second respondent is set aside and the detenu Thiru.Sudalaikumar, male, aged 19 years, son of Thiru.Mahendran 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 P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Palayamkottai. 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. Page Nos.10/12
To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate, Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
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 Page Nos.12/12