In the High Court of Judicature at Madras
Dated: 10/07/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice V. DHANAPALAN
Habeas Corpus Petition No.354 of 2006
Devaki .. Petitioner
-Vs-
1. The State of Tamil Nadu
rep. by its Secretary to Government
Prohibition and Excise Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The Commissioner of Police
Greater Chennai
Egmore, Chennai 600 008. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr. V. Parthiban for
Mr. M. Rajavelu
For respondents: Mr. M. Babu Muthu Meeran
Addl. Public Prosecutor
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name Devaki, challenges the impugned order
of detention dated 20.01.2006, detaining her son Dayalan, as “Goonda” under
Section 3 (1) of the Tamil Nadu Prevention of Dangerous activities of
Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Slum Grabbers and Video Pirates Act, 1981 (Tamil Nadu Act 14 of
1982).
2. Heard both sides.
3. At the foremost, the learned counsel for the petitioner
submitted that though a representation was made by the detenu on 30.03.2006,
the same is stated to be received by the Government only on 09.05.20 06 and in
the absence of any proof that the same was received only on 09.05.2006, the
time taken by the Government vitiates the detention order. As against the
said contention, learned Additional Public Prosecutor has produced before us
the original file, which shows that the representation dated 30.03.2006 was
received by the Government on 0 9.05.2006. The seal affixed on the the
representation also bears the date, 09.05.2006. The postal seal on the cover
also supports the stand taken by the Government. Accordingly, we reject the
said contention.
4. The learned counsel for the petitioner by drawing our
attention to the documents at pages 1, 2 and 64 of the paper book contended
that the same are not legible and in spite of the specific representation,
clean and legible copies were not furnished to the detenu. In so far as the
said contention is concerned, it is brought to our notice that documents at
pages 1 and 2 were not relied on by the detaining authority and the document
at page No.64 is legible and readable. Further, in the reply dated
24.05.2006, the Government informed the mother of the detenu that the
detention order was passed on the basis of the ground case dated 03.01.2006
and the copy of the First Information Report was duly sent to the detenu. In
the light of the information furnished in the reply dated 24.05.2006 and of
the fact that the documents at pages 1 and 2 were not relied upon by the
detaining authority and also considering the fact that the document at page 64
is legible, we are unable to accept the said contention.
5. The learned counsel for the petitioner finally submitted that
endorsements which is available at pages 99, 101, 102 and 103 of the paper
book are in English and the detenu was not able to understand the same, which
prevented him from making an effective representation. In the light of the
said contention, we verified the same. Learned Additional Public Prosecutor
has brought to our notice that the said endorsements available in those pages
are initials by the Officer of the Jail Department and the same have nothing
to do with the passing of the detention order. In such circumstances, even if
the translated copy is not supplied to the detenu, we are of the view that the
same has not prejudiced the detenu in any way in making representation.
Accordingly, we reject the said contention also.
In the light of what is stated above, this petition is
dismissed.
Kh
To
1. The Secretary to Government
Prohibition and Excise Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The Commissioner of Police
Greater Chennai
Egmore, Chennai 600 008.
3. The Inspector General of Prisons
Chennai 2.
4. The Superintendent
Central Prison, Chennai.
5. The Director General of Police
Tamil Nadu, Chennai 4.
6. The Public Prosecutor
High Court, Madras.