The High Court of Madras allowed a habeas corpus petition quashing a detention order against Prakash for violating Article 22(5) due to an unexplained 17-day delay in deciding the detenu's representation, ordering his immediate release.
The detention order is quashed and the detenu Prakash is ordered to be 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: 18.06.2014
Coram :-
THE HON'BLE MR.JUSTICE V.DHANAPALAN and THE HON'BLE MR.JUSTICE G.CHOCKALINGAM
Habeas Corpus Petition No.2654 of 2013
Gopal
Prayer: Writ petition under Article 226 of the Constitution of India is filed praying for issuance of a writ of Habeas Corpus, calling for the records relating to the 2nd respondent, pertaining to the detention order made in BDFGISSV No.1293/2013 dated 11.10.2013, quash the same and consequently, direct the respondents to produce the detenu Prakash, S/o.Gopal, male, aged 25 years, now confined at the Central Prison, Puzhal, Chennai before this Hon'ble Court and set him at liberty.
For respondents : Mr.P.Govindarajan
The petitioner is the father of detenu. The detenu has been branded as a "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in BDFGISSV No.1293/2013 dated 11.10.2013.
| Sr.No. | Police Station and Crime No. | Sections of Law |
|---|---|---|
| 1. | J-9, Thuraipakkam Police Station, Crime No.734 of 2013 |
Section 392 IPC |
| 2. | J-12, Kanathur Police Station, Crime No.7 of 2012 |
Section 380 IPC |
| 3. | J-12, Kanathur Police Station, Crime No.104 of 2013 |
Sections 457 and 380 IPC |
| 4. | J-12, Kanathur Police Station, Crime No.357 of 2013 |
Sections 457 and 380 IPC |
| 5. | J-8, Neelankarai Police Station, Crime No.1263 of 2013 |
Sections 457 and 380 IPC |
The ground case alleged against the detenu is one registered on 20.09.2013 by the Inspector of Police, J-12, Kanathur Police Station in Crime No.394 of 2013 for offences under Sections 341, 294(b), 323, 392 r/w 397, 336, 427 and 506(ii) IPC. Aggrieved by the order of detention, the present petition has been filed.
days), which would definitely cause great prejudice to the detenu and amount to an infringement of right ensured under Article 22(5) of the Constitution of India. Therefore, the impugned detention order cannot be sustained and is vitiated.
Sd/-
Asst.Registrar (CS V )
Dated:15.07.2014
/true copy/
Sub Asst. Registrar
ar
To
1. The State of Tamil Nadu,
Rep. by its Secretary to the Govt.,
Home, Prohibition and Excise Dept.,
Chennai-600 009.
2. The Commissioner of Police,
Egmore, Chennai-600 008.
3. The Superintendent
Central Prison,
Puzhal, Chennai.
4. The Joint Secretary to Government
Public (Law and order)
Fort Saint George, Chennai-9
5. The Public Prosecutor
High Court, Madras
1 cc to Mr.M. Kabilan, Advocate, SR. 25966
Habeas Corpus Petition No.2654 of 2013
AK (CO)
kk 15/7
2 issues framed by the court
Whether the 17-day delay in disposing the detenu's representation, violating Article 22(5), vitiates the detention order.
Whether the detention order passed against the petitioner's son is liable to be quashed on grounds of procedural violation.
2 provisions across 2 enactments
Gopal
The State of Tamil Nadu
V. DHANAPALAN
G. CHOCKALINGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
