Petitioner wife filed writ for habeas corpus regarding detention of husband under Tamil Nadu Act 14 of 1982. Court quashed detention order as detaining authority did not apply mind since detenu was treated as accused without being charged in one case.
Detention order quashed; detenu Joseph @ Minnal Joseph set at liberty forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.06.2014
CORAM:
THE HON'BLE MR.JUSTICE V.DHANAPALAN
and
THE HON'BLE MR.JUSTICE G.CHOCKALINGAM
H.C.P.No.2190 OF 2013
Dhanam ...Petitioner
-vs-
1. The State of Tamilnadu,
rep. by its Secretary to Government,
Department of Prohibition and Excise (Home),
Fort St. George,
Chennai 600 009.
2. The Commissioner of Police,
Chennai City Police,
Commissioner Office,
Egmore, Chennai 600 008. ...Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of Habeas Corpus, to call for
the records relating to the impugned order in BDFGISSV No.968/2013
dated 11.09.2013 on the file of the 2 nd respondent herein and set
aside the same as illegal and direct the respondents to produce the
detenu Joseph @ Minnal Joseph, son of Prakasam, aged about 42 years,
now confined at Central Prison, Puzhal, Chennai before this Court and
set him at liberty.
For Petitioner : Mr.K.Ilayaraja For Respondents : Mr.P.Govindarajan Addl. Public Prosecutor
O R D E R
(Order of the Court was made by V.Dhanapalan,J.)
The petitioner is the wife of the detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in Memo No.968/BDFGISSV/2013, dated 11.09.2013.
S.No. Police Station and Crime No. Sections of Law 1. J4 Kotturpuram Police Station 147, 148, 341, 385, 294(b), Crime No.439/2011 326, 307, 336, 506(ii), 120 (b), 34 IPC 2. J6 Thiruvanmiyur Police 392 IPC Station Crime No.908/2013
The ground case alleged against the detenu is one registered on 30.08.2013 by the Inspector of Police, J-9 Thuraipakkam Police Station in Crime No.1476/2013 for offences under Sections 341, 294 (b), 323, 392, 336, 397 and 506(ii) IPC.
quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
Sd/-
Assistant Registrar(CS-V)
Dated:17.06.2014
//True Copy//
Sub Assistant Registrar
abe
To
1. The Secretary to Government,
State of Tamilnadu,
Department of Home, Prohibition and Excise,
Fort St. George,
Chennai 600 009.
2. The Commissioner of Police,
Chennai City Police,
Commissioner Office,
Egmore, Chennai 600 008.
3. The Superintendent, Central Prison,
Puzhal, Chennai.
4. The Joint Secretary to Government,
Public (Law & Order)
Fort St. George, Chennai - 9.
5. The Public Prosecutor
High Court of Madras,
Chennai 600 104.
H.C.P.No.2190 of 2013
GR (CO)
PSI (17.06.2014)
2 issues framed by the court
Whether the detention order under Tamil Nadu Act 14 of 1982 is valid when the detenu was listed as an accused without being charged.
Whether the detaining authority applied its mind to the relevant material before issuing the detention order.
Dhanam
The State of Tamilnadu, rep. by its Secretary to Government, Department of Prohibition and Excise
The Commissioner of Police, Chennai City Police
V. Dhana Palan
G. Chockalingam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
