BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24/08/2009
CORAM
THE HONOURABLE MR.JUSTICE P.MURGESEN
AND
THE HONOURABLE MR.JUSTICE C.S.KARNAN
H.C.P.(MD) No.412 of 2009
Pankajam .. Petitioner
Vs
1.The District Collector and
District Magistrate,
Tirunelveli District,
Tirunelveli.
2.The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-9.
3.The Inspector of Police,
Panagudi Police Circle,
Tirunelveli District. .. Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of
India directing the respondents to produce the body of detenu, namely KANNAN @
KUNDU KANNAN before this Court who is detained in the Central Prison,
Palayamkottai in pursuant to the detention order passed by the 1st respondent in
M.H.S. Confdl.No.32/2009 dated 07.03.2009, call for the records and quash the
same and release the detenu at liberty forthwith.
!For Petitioner ... Mr.N.Mohideen Basha
^For Respondents ... Mr.N.Senthur Pandian,
Addl.Public Prosecutor
:ORDER
(Order of the Court was made by P.MURGESEN, J.)
The petitioner is the wife of the detenu, who was detained under Section
3(1) of 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), by order
of the 1st respondent in M.H.S. Confdl.No. 32/2009 dated 07.03.2009, by branding
him as a ‘GOONDA’.
2. There are six adverse cases and one ground case as against the detenu.
The details of the adverse cases are as under:-
Sl Police Station Section of Law
No. and Crime No.
1. Nanguneri Police 394 IPC.
Station
Crime No.245 of 2008
2. Panagudi Police Station 454 and 397 IPC.
Crime No.466 of 2008
3. Panagudi Police Station 392 IPC.
Crime No.488 of 2008
4. Eruvadi Police Station 392 IPC.
Crime No.4 of 2009
5. Nanguneri Police 392 IPC.
Station
Crime No.5 of 2009
6. Panagudi Police Station 392 IPC.
Crime No.43 of 2009
The ground case was registered under Sections 294(b), 341, 392, 307 and 506(ii)
IPC on the file of Palavoor Police Station in Crime No.25 of 2009. In the ground
case, the detenu was arrested on 17.02.2009 and remanded to judicial custody.
The detention order was clamped on the detenu on 07.03.2009.
3. Learned counsel for the petitioner has submitted that the order of
detention passed by the first respondent is vitiated on the ground that there
was delay in considering the representation of the detenu, by the Detaining
Authority.
4. In this connection, the learned Additional Public Prosecutor appearing
on behalf of the respondents, has submitted a Proforma. It is stated in the
Proforma that the representation of the detenu dated 06.04.2009 was received on
08.04.2009; remarks were called for on 08.04.2009; remarks received on
20.04.2009; the file was submitted on 21.04.2009; Under Secretary dealt with on
22.04.2009; Additional Secretary dealt with on 22.04.2009; Minister for Law
dealt with the representation on 24.04.2009; rejection letter prepared on
30.04.2009; rejection letter sent to the detenu on 05.05.2009 and rejection
letter served to the detenu on 08.05.2009. Though the Minister for law dealt
with the representation on 24.04.2009, the rejection letter was sent to the
detenu on 05.05.2009 only. This delay was not properly explained with reason.
Therefore, we are of the considered view that on this ground, the detention
order is liable to be set aside.
5. Accordingly, the Habeas Corpus Petition is allowed and the order of
detention in Order No.M.H.S. Confdl.No.32/2009 dated 07.03.2009, passed by the
first respondent is set aside. The detenu is directed to be released forthwith
unless his presence is required in connection with any other case.
KM
To
1.The District Collector &
District Magistrate,
Tirunelveli District,
Tirunelveli.
2.The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-9.
3.The Inspector of Police, Panagudi Police Circle, Tirunelveli District.