IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 07.08.2017 CORAM THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.674 of 2017 Vadivel .. Petitioner Vs
1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2. The District Magistrate & District Collector, Thiruvallur District, Thiruvallur. .. 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 dated 13.01.2017 in BCDFGISSSV No.07/2017 against the petitioner's son Vignesh @ Vicky, aged 21 years, S/o.Vadivel, who is confined at Central Prison, Puzhal-II, Chennai and set aside the same and direct the respondents to produce the detenu before the 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 BCDFGISSSV No.07/2017 dated 13.01.2017 by the Detaining Authority against the detenu by name, Vignesh @ Vicky, aged 21 years, S/o.Vadivel, residing at No.14, Mettu Street, Lakshmipuram, Tiruvallur Town, Tiruvallur District and quash the same.
2. The Inspector of Police, Tiruvallur Town 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. Tiruvallur Town Police Station Crime No.339/2015 registered under Sections 341, 294[b], 353 and 506[i] of IPC and Section 3 of TNPPDL Act.
ii. Tiruvallur Town Police Station Crime No.867/2016 registered under Section 3 of TNPPDL Act.
iii. Tiruvallur Town Police Station Crime No.868/2016 registered under Section 3 of TNPPDL Act.
iv. Tiruvallur Town Police Station Crime No.520/2016 registered under Section 3[i] of TNPPDL Act.
v. Manavalanagar Town Police Station Crime No.633/2016 registered under Section 3 of TNPPDL Act.
3. Further, it is averred in the affidavit that on 28.11.2016, one Ganesan, S/o.Munusamy as de facto complainant has given a complaint to the Inspector of Police, Tiruvallur Town Police Station, wherein, it is alleged to the effect that on 27.11.2016 at about 22.15 hrs, the detenu and others have demanded money from the de facto complainant and since the de facto complainant refused to part with the money, they robbed a sum of Rs.200/- from cash box and also driven the motorcycle in a rash and negligent manner. Under such circumstances, a case has been registered in Crime No.878/2016 under Section 392 of 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 way of 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. In spite of several adjournments, counter has not been filed on the side of the respondents. Under such circumstances, the present petition is disposed of 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 detenu, a representation has been submitted to the concerned authorities and 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 to the effect that the representation submitted on the side of the petitioner has been duly disposed of without delay and therefore, the contention put forth on the side of the detenu 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 and 9, 35 clear working days are available and no explanation has been given on the side of the respondents with regard to such a 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 13.01.2017 passed in BCDFGISSSV No.07/2017 by the Detaining Authority against the detenu by name, Vignesh @ Vicky, aged 21 years, S/o.Vadivel, 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, [A.S., J.] [P.K., J.] 07.08.2017 Public [Law and Order] Department, Secretariat, Chennai-9.
2. The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-9.
3. The District Magistrate & District Collector, Thiruvallur District, Thiruvallur.
4. The Superintendent, Central Prison, Puzhal, Chennai.
[in duplicate for communication to the detenu]
5. The Public Prosecutor, High Court, Madras.
A.SELVAM, J.
and P.KALAIYARASAN, J.
gya H.C.P.No.674 of 2017 07.08.2017