This petition challenged a detention order under the Tamil Nadu Act for procedural delay in addressing the detention application. The court quashed the order and released the detainee due to an unexplained four-day delay, holding it violated Articles 21 and 22(5).
Quashing of the detention order and direction to set the detenu 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 HONOURABLE MR. JUSTICE V.DHANAPALAN and THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
H.C.P.No.2263 of 2013
Hemavathy ... Petitioner vs. 1. The Secretary to the Government, Home, Prohibition and Excise Department. Secretariat, Chennai 600 009. 2. The Commissioner of Police, Chennai Police, Chennai. ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the 2nd respondent dated 19.09.2013 in BDFGISSV No.1046/2013 against the son of the petitioner, detenu Muralikrishan, M/A 25, S/o.Sivakumar, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.
For Petitioner : Mr.K.S.Kaviarasu 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 mother 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.1046/BDFGISSV/2013, dated 19.09.2013.
| S.No. | Police Station and Crime No. Sectio |
ns of Law |
|---|---|---|
| 1 | K.9, Thiru.Vi.Ka.Nagar Police Station Crime No.752/2013 302, |
301 IPC |
| 2 | P-6, Kodungaiyur Police Station Crime No.1558/2013 341, 384, |
506(ii) IPC |
The ground case alleged against the detenu is one registered on 06.09.2013 by the Inspector of Police, P-5, MKB Nagar Police Station in Crime No.1238/2013 for offences under Sections 341, 336, 427, 397 r/w 392 and 506(ii) IPC.
detenu, namely Muralikrishnan in this case is set at liberty forthwith, unless his custody is required in connection with any other case.
Sd/-
Assistant Registrar(CS-V)
dt. 16.6.14
//True Copy//
Sub Assistant Registrar
abe
To:
1. The Secretary to the Government,
State of Tamilnadu,
Home, Prohibition and Excise Department.
Secretariat,
Chennai 600 009.
2. The Commissioner of Police,
Chennai Police,
Chennai.
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
4. The Superintendent, Central Prison,
Puzhal,Chennai.
5. The Joint Secretary to Government Public
(law & order) Dept.
Fort St. George, Chennai-9.
H.C.P.No.2263 of 2013
KSJ(CO)
Eu 19.6.14
3 issues framed by the court
Whether unexplained delay in considering the detainee's representation violates Article 22(5) and Article 21 of the Constitution.
Whether the detention order passed under the Tamil Nadu Act is liable to be quashed due to the violation of constitutional rights.
Whether the detenu must be set at liberty when the grounds for detention are vitiating due to procedural delay.
4 provisions across 2 enactments
Hemavathy
Secretary to the Government, Home, Prohibition and Excise Department
Commissioner of Police, Chennai
V.DHANAPALAN
G.CHOCKALINGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
