IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28/06/2005
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice AR.RAMALINGAM
H.C.P. No.311 of 2005
Veerammal ... Petitioner
-Vs-
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. ... Respondents
For Petitioner : Mr.A.K.S.Thahir
For Respondents : Mr.Abudu Kumar Rajarathinam
Government Advocate (Crl. Side)
Petition under Article 226 of the Constitution of India for the
issuance of writ of habeas corpus to call for the records relating to the
detention order No.47/2005, dated 16.2.2005, passed by the second respondent
and set aside the same and direct the respondent to produce the body of the
detenu by name Senthil @ Senthil Kumar, aged about 26 years, now confined in
Central Prison, Chennai, before this Hon'ble court and thereafter set him at
liberty.
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner herein is the mother of the detenu. She challenges the
detention order dated 16.02.2005, detaining her son as ‘Goonda’ as
contemplated under the Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of
1982).
2. Though several contentions have been raised, attacking the
impugned order of detention, learned counsel for the petitioner, at the
foremost, projected that the English version of the Accident Register, which
finds place at page No.113 of the paper book supplied to the detenu, is not
legible and readable. According to him, based on the representation, the
Government informed the detenu that necessary steps have been taken for supply
of legible and readable English version of the Accident Register (page 113) to
the detenu. It is also his grievance that in spite of specific direction by
the Government, the said copy has not been supplied to the detenu, which
deprived him in making an effective representation. To this, learned
Government Advocate argues that though the English version is not legible, the
Tamil version, which finds place at page No.114 of the paper book, is clear
and readable and it satisfies the requirements of the detenu. He is not in a
position to inform this Court as to whether the direction of the Government in
letter No.6216 k(k)M (10)/2005, dated 21.3.2005, has been complied with or
not. In the light of the said controversy, we have verified page Nos.113 and
114 of the paper book, namely, copy of the English and Tamil version of the
Accident Register respectively. No doubt, page No.114, which relates to Tamil
version of the Accident Register, is legible and readable, however, as pointed
out by the learned counsel for the petitioner, the English version of the
Accident Register, which finds place at page No.113, is not legible. That may
be the reason for the Government assuring the detenu that a clear and readable
copy of page No.113 of the paper book will be supplied to him. In the absence
of any intimation or record to show that readable copy of the Accident
Register (page-113) is supplied to the detenu, we hold that the detenu is not
only deprived in making effective representation but also the authority
concerned has not obeyed or implemented the positive direction of the
Government in the letter dated 21.3.2005. On this ground, we interfere with
the impugned order of detention.
3. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is set aside. The detenu is directed to be set at
liberty forthwith from the custody unless he is required in some other case or
cause.
JI.
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 Superintendent, Central Prison, Chennai.
(In duplicate for communication to detenu).
4. The Joint Secretary to Government, Public (Law & Order)
Fort St. George, Chennai-9.
5. The Public Prosecutor, High Court, Chennai.