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R. Sangeetha vs The District Collector Cum ...

Madras High Court|04 April, 2017

JUDGMENT / ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Subramani, aged about 19 years has come up with this habeas corpus petition, challenging the detention order passed against her husband Subramani by the second respondent, vide proceedings No.C3/D.O.No.49/2016 dated 14.08.2016, branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
3. Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground only in respect of non-application of mind on the part of the detaining authority in passing the order of detention.
4. Learned counsel appearing for the petitioner submitted that certain other pages in the booklet furnished to the detenu are illegible and could not be read at all. This illegible copies would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated on these grounds and the same is liable to be quashed.
4. We have gone through the same. A perusal of the booklet supplied to the detenu would show that certain papers in the booklet furnished to the detenu are illegible and could not be read at all. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone.
5. In the light of the above facts and law, we have no hesitation in quashing the order of detention on the above mentioned ground. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order in C3/D.O.No.49/2016 dated 14.08.2016 passed by the 2nd respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.
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Title

R. Sangeetha vs The District Collector Cum ...

Court

Madras High Court

JudgmentDate
04 April, 2017