BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/10/2009 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN and THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.(MD) No.452 of 2009 P.Subbulakshmi .. Petitioner vs. 1.The State of Tamilnadu, rep. by Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai-9. 2.The Commissioner of Police, Tirunelveli City, Tirunelveli. 3.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records relating to the Detention Order passed by the 2nd Respondent in 10/BDFGISSV/2009 dated 31.03.2009 and to quash the same and direct the Respondents to produce the body of the detenu, Pandidurai, S/o. Ramar Pandian, aged 49 years, before this Hon'ble Court and set him at liberty, now detained at Central Prison, Palayamkottai. !For petitioner ... Mr.S.R.A.Ramachandran ^For Respondent ... Mr.Isaac Manuel Additional Public Prosecutor :ORDER
(Order of the Court was made by P.MURGESEN, J)
Challenging the order of detention, the wife of the detenu has filed the
petition. The detenu was detained by the second respondent Commissioner of
Police by his detention order in 10/BDFGISSV/2009 dated 31.03.2009, under the
provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers,
Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand
Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982)
terming him as a “Goonda”.
2. The detenu was involved in three adverse cases, which are as follows:-
Sl Name of the Police station and Crime No. Section of law
No.
1 Thatchanallur P.S., 302, 120(b) read with 34
Crime No.1322/2006 Indian Penal Code.
2 Tirunelveli Town P.S., 294(b) and 323 Indian Crime No.962/2008 penal Code. 3 Tirunelveli Town P.S., 341, 294(b), 506(ii) Indian Crime No.134/2009 Penal Code.
Apart from that, the detenu was involved in one ground case in Crime No.171/2009
under Section 341, 294(b), 307 and 506(ii) for the incident that took place on
14.03.2009.
3. The only ground urged by the learned counsel for the petitioner to
vitiate the detention order is that there is delay in considering the
representation.
4. In the proforma filed by learned Additional Public Prosecutor, it is
stated as follows:
1. Category : Goonda 2. Name of the detenu : Thiru.Pandidurai S/o.Thiru.Ramarpandian
3. Order of Detention dated : D.No.10/2009, dated
31/03/2009
4. District/City : Tirunelveli City
5.Representation dated : 12.04.2009
6.Representation received on : 15.04.2009
7.Remarks called for on : 16.04.2009
8.Reminder dated : —
9.Remarks received on : 23.04.2009 10.File Submitted on : 24.04.2009
11.Under Secretary dealt with on: 27.04.2009
12.Addl. Secretary dealt with on: 27.04.2009
13.Minister for Law dealt with on:28.04.2009
14.Rejection Letter prepared on: 30.04.2009
15.Rejection letter sent to the
detenu : 04.05.2009
18.Rejection letter served to the
detenu on : 05.05.2009
It is seen that the representation was received on 14.04.2009 and the remarks
were called for on 16.04.2009, but the remarks were received only 23.04.2009.
Further, the Minister for Law dealt with the representation on 28.04.2009 and
the rejection letter was prepared on 30.04.2009. But the rejection letter was
sent to the detenu only on 04.05.2009. Even though 01.05.2009 is a holiday,
there is an unexplained delay of two days in sending the rejection letter. It
vitiates the order of detention. Hence, the order of detention is liable to be
set aside.
5.Accordingly, this Habeas Corpus Petition is allowed and the order of
detention in No.10/BDFGISSV/2009 dated 31.03.2009, passed by the second
respondent is quashed. The detenu is directed to be released forthwith unless
his presence is required in connection with any other case.
sj
To
1.The Secretary to Government,
State of Tamilnadu,
Prohibition and Excise Department,
Fort St.George,
Chennai-9.
2.The Commissioner of Police,
Tirunelveli City,
Tirunelveli.
3.The Inspector of Police,
Tirunelveli Town Police Station,
Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.