B.Ponesakki v. The Additional Chief Secretary To The 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 B.Ponesakki .. Petitioner/wife of the detenue vs 1.State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
.. 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 passed in M.H.S.Confdl 1/18
No.93/2023 dated 30.08.2023 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's husband ie., Balasubramanian alias Bala, aged about 41 years, S/o.Arunachalathevar, now detained at the Central Prison, Palayamkottai before this Court and set him at liberty forthwith.
For Petitioner :
Mr.N.Pragalathan 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 convenience and clarity] was listed in the admission board before this Bench on 21.11.2023 and the following order was made and a scanned reproduction of the same is as follows: 2/18
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2.The aforementioned admission board order before this Bench captures all essentials, i.e., all facts imperative for appreciating this final order and therefore, we are not setting out the same again in this final order. Suffice to say that aforementioned admission board order dated 21.11.2023 shall now be read as an integral part and parcel of this final order. This means that the abbreviations, short forms and short references used in the aforementioned admission board order will 5/18
continue to be used in the instant final order also for the sake of convenience and clarity.
3.Habeas legal drill on hand is fairly simple, as both sides submit in unison that captioned matter is directly covered by P.Geetha's case ie., order dated 04.12.2023 made in H.C.P(MD)No.1068 of 2023 by this Court and a scanned reproduction of the same is as follows: 6/18
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4.In the light of the undisputed position that captioned HCP is directly and squarely covered by P.Geetha's case, it is not necessary to delve into other aspects of the matter and suffice to say that impugned preventive detention order in the captioned HCP also deserves to be dislodged on the same point ie., on the same point on which P.Geetha's was allowed.
5.Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 30.08.2023 bearing reference M.H.S.Confdl.No.93/2023 made by the second respondent is set aside and the detenu Thiru.Balasubramanian alias Bala, aged 41 years, son of Thiru.Arunachalathevar, 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, Palayamkottai. 15/18
(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. 16/18
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.
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 18/18