P.Sumathi v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL P.Sumathi .. Petitioner/ cousin sister of the detenu in both HCPs vs 1.State of Tamil Nadu, Represented by its Principal Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 9.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Superintendent, Central Prison, Madurai.
.. Respondents in both HCPs Prayer in H.C.P(MD)No.1422 of 2023:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus to call for the records pertaining to the proceedings of the 1/21
second respondent made in his proceedings in No. 64/BCDFGISSSV/2023 dated 21.07.2023 and quash the same and set the petitioner's brother by name "Murugan @ Kuttai Murugan, son of Alagu, aged about 40 years" at liberty from the Superintendent, Central Prison, Madurai.
Prayer in H.C.P(MD)No.1429 of 2023:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus to call for the records pertaining to the proceedings of the second respondent made in his proceedings in No. 73/BCDFGISSSV/2023 dated 04.08.2023 and quash the same and set the petitioner's brother by name "Rajeshkannan @ Kuppai Kannan, son of Naallan, aged about 38 years" at liberty from the Superintendent, Central Prison, Madurai.
For Petitioner :
Mr.C.Karthikeya (In both HCPs) For Respondents :
Mr.A.Thiruvadi Kumar (In both HCPs) Additional Public Prosecutor 2/21
COMMON ORDER [Common Order of the Court was made by M.SUNDAR, J.] This common order will now govern captioned two 'Habeas Corpus Petitions' [hereinafter 'HCPs' in plural and 'HCP' in singular for the sake of brevity, convenience and clarity]. 2.H.C.P(MD)No.1422 of 2023 shall be referred to as 'I HCP' and H.C.P(MD)No.1429 of 2023 shall be referred to as 'II HCP' for the sake of convenience and clarity.
3.When the captioned HCPs were taken up, Mr.C.Karthikeya, learned counsel for HCP petitioners and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for respondents were before us.
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4.Both sides submitted that a co-accused Thiru.Subash, son of Thiru.Sakthivel was also clamped with a similar preventive detention order ie., a preventive detention order similar to the impugned preventive detention orders. In Subash's case, the same was assailed by his sister S.Subashini vide H.C.P(MD)No.1271 of 2023 which was allowed by this Court in and by order dated 06.12.2023. Both sides submit in unison that the point on which this Court interfered in S.Subashini's case is available to HCP petitioners in the instant case also. We remind ourselves of the age old adage 'Sauce to Goose is sauce to Gander too'. S.Subashini's case order dated 06.12.2023 is as follows: 4/21
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5.For the sake of completion of facts, we make it clear that captioned two HCPs were listed in the admission board before this Bench on 21.11.2023 and the following orders were made: I HCP:
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II HCP:
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6.It may not be necessary to delve any further into other aspects of the matter, as there is no disputation or contestation that the captioned two HCPs are squarely covered by S.Subashini's case. Therefore, impugned preventive detention orders in both captioned HCPs are also set aside on the same point ie., on the same point as in Subashini's case.
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7.Ergo, the sequitur is, captioned I HCP is allowed. Impugned preventive detention order dated 21.07.2023 bearing reference No.64/BCDFGISSSV/2023 made by the second respondent is set aside and the detenu Thiru.Murugan @ Kuttai Murugan, aged 40 years, son of Thiru.Alagu, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. 8.Apropos, the sequitur is, captioned II HCP is allowed. Impugned preventive detention order dated 04.08.2023 bearing reference No.73/BCDFGISSSV/2023 made by the second respondent is set aside and the detenu Thiru.Rajeshkannan @ Kuppai Kannan, aged 38 years, son of Thiru.Nallan, 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.) 20.12.2023 Index : Yes/No ps Post Script: (i) Registry to forthwith communicate this order to Jail authorities in Central Prison, Madurai.
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(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. To 1.State of Tamil Nadu, Represented by its Principal Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai - 9.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Superintendent, Central Prison, Madurai.
4.The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 20.12.2023 21/21