IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 14.09.2017 CORAM THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE M.DHANDAPANI H.C.P.No.868 of 2017 Chellammal .. Petitioner Vs
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Prohibition and Excise [Home], Fort St. George, Chennai-9.
2. The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai-7. .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records in No.199/BCDFGISSSV/2017 dated 20.04.2017 on the file of the 2nd respondent herein and set aside the same as illegal and produce the detenu Pandian @ Durai Pandi @ Burma Pandi, aged 30 years, S/o.Duraisamy @ Krishnan, now confined at Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.C.C.Chellappan for Mr.Ilayaraja Kandasamy For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor O R D E R [Order of the Court was made by A.SELVAM, J.] This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the detention order passed in No.199/BCDFGISSSV/2017 dated 20.04.2017 by the Detaining Authority against the detenu by name, Pandian @ Durai Pandi @ Burma Pandi, aged 30 years, S/o.Duraisamy @ Krishnan, residing at No.321/153, 1st Street, Burma Nagar, Sadaiyankuppam, Chennai-103 and quash the same.
2. The Inspector of Police, M-2 Madhavaram Milk Colony Police Station as Sponsoring Authority has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect that the detenu has involved in the following adverse cases :
i. M-3 Puzhal Police Station Crime No.465/2016 registered under Sections 457 and 380 of the Indian Penal Code.
ii. M-3 Puzhal Police Station Crime No.466/2016 registered under Sections 457 and 380 of the Indian Penal Code.
iii. M-1 Madhavaram Police Station Crime No.722/2016 registered under Sections 457 and 380 of the Indian Penal Code.
iv. M-1 Madhavaram Police Station Crime No.1408/2016 registered under Sections 454 and 380 of the Indian Penal Code.
v. M-2 Madhavaram Milk Colony Police Station Crime No.125/2017 registered under Sections 457 and 380 of the Indian Penal Code.
vi. M-2 Madhavaram Milk Colony Police Station Crime No.268/2017 registered under Sections 454 and 380 of the Indian Penal Code.
vii. M-2 Madhavaram Milk Colony Police Station Crime No.313/2017 registered under Sections 454 and 380 of the Indian Penal Code.
viii.M-1 Madhavaram Police Station Crime No.546/2017 registered under Sections 454 and 380 of the Indian Penal Code.
3. Further, it is averred in the affidavit that on 26.03.2017, one Ramesh, aged 38 years, S/o.Sachidhanandham, residing at No.2046, 3rd Main Road, MMDA, Mathur, Chennai-68, as de facto complainant has given a complaint in M-2 Madhavaram Milk Colony Police Station, wherein, it is alleged to the effect that in the place of occurrence, the detenu has illegally detained the de facto complainant by showing a knife, he has taken a sum of Rs.3,000/- and a wrist watch from the custody of the de facto complainant and also threatened him. Consequently, a case has been registered in M-2 Madhavaram Milk Colony Police Station Crime No.490/2017 registered under Sections 341, 294[b], 427, 336, 392 r/w 397 and 506[ii] of the Indian Penal Code and ultimately, requested the Detaining Authority to invoke Act 14 of 1982 against the detenu.
4. The Detaining Authority after perusing the averments made in the affidavit and other connected documents, has arrived at a subjective satisfaction to the effect that the detenu is a habitual offender and ultimately, branded him as goonda by way of passing the impugned Detention Order and in order to quash the same, the present petition has been filed by the mother of the detenu as petitioner.
5. In the counter filed on the side of the respondents, it is averred to the effect that most of the averments made in the petition are false. The Sponsoring Authority has supplied all the relevant materials to the Detaining Authority. The Detaining Authority after perusing all the materials, has arrived at a subjective satisfaction to the effect that the detenu is a habitual offender and ultimately, passed the impugned Detention Order and the same does not suffer from any infirmity and therefore, the present petition liable to be dismissed.
6. Learned counsel appearing for the petitioner has contended to the effect that on the side of the detenu, a representation has been submitted, but the same has not been disposed of without delay and therefore, the Detention Order in question is liable to be quashed.
7. Learned Additional Public Prosecutor has contended that the representation submitted on the side of the detenu has been disposed of without delay and therefore, the contention urged on the side of the petitioner is liable to be rejected.
8. On the side of the respondents, a proforma has been submitted, wherein, it is clearly stated that in between column Nos.7 to 9, 5 clear working days are available and in between column Nos.12 and 13, 3 clear working days are available and no explanation has been given on the side of the respondents for such delay and the same would affect the rights of the detenu guaranteed under Article 22[5] of the Constitution of India and therefore, the Detention Order in question is liable to be quashed.
9. In fine, this petition is allowed. The Detention Order dated 20.04.2017 passed in No.199/BCDFGISSSV/2017 by the Detaining Authority against the detenu by name, Pandian @ Durai Pandi @ Burma Pandi, aged 30 years, S/o.Duraisamy @ Krishnan, is quashed and directed to set him at liberty forthwith, unless he is required to be incarcerated in any other case.
gya To
1. The Joint Secretary to Government of Tamil Nadu, Public [Law and Order] Department, Secretariat, Chennai-9.
2. The Secretary to Government, Department of Prohibition and Excise [Home], Fort St. George, Chennai-9.
3. The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai-7.
4. The Superintendent, Central Prison, Puzhal, Chennai.
[in duplicate for communication to the detenu]
5. The Public Prosecutor, High Court, Madras.
[A.S., J.] [M.D.I., J.] 14.09.2017 A.SELVAM, J.
and M.DHANDAPANI, J.
gya H.C.P.No.868 of 2017 14.09.2017