IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 11.09.2017 CORAM THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE S.BASKARAN H.C.P.No.1155 of 2017 Seenivasan .. Petitioner Vs
1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri. .. 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 connection with the order of detention passed by the 2nd respondent on 10.03.2017 in S.C.No.14/2017 against the petitioner's son Santhosh Kumar, aged 23 years, S/o.Seenivasan, who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.S.Senthil Vel 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 S.C.No.14/2017 dated 10.03.2017 by the Detaining Authority against the detenu by name, Santhosh Kumar, aged 23 years, S/o.Seenivasan, residing at S.Muduganappalli Village and Post, Hosur Taluk, Krishnagiri District and quash the same.
2. The Inspector of Police, Denkanikottai 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 case :
i. Thally Police Station Crime No.47/2017 registered under Section 302 of the Indian Penal Code @ 302 and 397 of the Indian Penal Code.
3. Further, it is averred in the affidavit that on 04.02.2017, one Saravanan, S/o.Subbarao, residing at Mariamman Koil Street, backside of the Police Quarters, Denkanikottai, as de facto complainant has given a complaint to the Sub Inspector of Police, Denkanikottai, wherein, it is alleged to the effect that in the place of occurrence, the detenu has forcibly taken away a sum of Rs.550/- from the shirt pocket of the de facto complainant and also threatened him and at such circumstances, a case been registered in Crime No.58/2017 under Sections 392 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 considering 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 passing the impugned Detention Order and in order to quash the same, the present petition has been filed by the father of the detenu as petitioner.
5. On the side of the respondents, counter has not been filed and therefore, the present petition is disposed of on merits on the basis of available materials on record.
6. Learned counsel appearing for the petitioner has contended to the effect that on the side of the petitioner, a representation has ben 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 duly 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, 29 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 with regard to such huge 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 10.03.2017 passed in S.C.No.14/2017 by the Detaining Authority against the detenu by name, Santhosh Kumar, aged 23 years, S/o.Seenivasan, 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 the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
3. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri.
4. The Superintendent, Central Prison, Salem.
[in duplicate for communication to the detenu]
5. The Public Prosecutor, High Court, Madras.
[A.S., J.] [S.B., J.] 11.09.2017 A.SELVAM, J.
and S.BASKARAN, J.
gya H.C.P.No.1155 of 2017 11.09.2017