Allowed

Ramesh v. the State of Tamil Nadu

Madras HC27 Apr 2015HCP/3682/2014

Case brief

AI extract

What is this about?

Habeas corpus petition allowed. The Madras High Court quashed a detention order because the detenu was not supplied with copies of bail applications from similar cases relied upon by the detaining authority. This denial of vital documents violated Article 22(5), rendering the detention illegal.

What did the court decide?

The impugned detention order set aside; detenu directed to be released forthwith unless presence required for another case.

Ramesh Vs the State of Tamil Nadu — Constitutional and Fundamental Rights | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 27.04.2015

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CORAM:

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THE HONOURABLE DR.JUSTICE S.TAMILVANAN

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AND

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THE HONOURABLE MR.JUSTICE B.RAJENDRAN

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H.C.P.No.3682/2014

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Ramesh ...Petitioner
Vs
1. The Secretary to Government
State of Tamil Nadu
Home, Prohibition & Excise Department
Fort St George, Chennai 600 009.
2. The Commissioner of Police
Chennai Police. ...Respondents

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Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to calling for the records of the 2^nd respondent herein pertaining to the detention order made in Memo No.1714/BDFGISSV/2014 dated 06.11.2014 and quash the same and direct the respondents to produce the body of the detenu Kutty @ Muthusamy son of Thangaraj, aged 41 years, now detained in Central Prison, Puzhal, Chennai, before this Court and set the detenu at liberty forthwith.

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For Petitioner : Mr.S.Sairaman For Respondents : Mr.M.Maharaja,APP ORDER

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Challenge is made to the order of detention passed by the second respondent vide Proceedings in Memo No.1714/BDFGISSV/2014 dated 06.11.2014, whereby the detenu/the brother of the petitioner herein, by name, Kutty @ Muthusamy, son of Thangaraj, aged 41 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic

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https://hcservices.ecourts.gov.in/hcservices/

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Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "GOONDA".

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2.Though many grounds have been raised in the petition, Mr.S.Sairaman, the learned counsel for the petitioner has assailed the impugned detention order only on the ground of non-supply of copy of the bail applications in the similar cases, referred to in the grounds of detention, for arriving at the subjective satisfaction that there is likelihood of the detenu coming out on bail, which has affected the constitutional right of making an effective and purposeful representation to the authorities concerned, thereby vitiating the detention.

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3.Per contra, Mr.M.Maharaja, the learned Additional Public Prosecutor would submit that the impugned detention order has been passed on cogent and sufficient materials and there is no illegality or infirmity in the impugned order of detention. However, he submitted that the copy of the bail applications in the similar cases, referred to in the grounds of detention were not supplied to the detenu.

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4.We have given our careful and anxious consideration to the rival submissions put forward by the learned counsel on either side and thoroughly scanned through the impugned detention order and the entire materials available on record.

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5.It is seen from paragraph No.4 of the Grounds of Detention that in similar cases, viz., [a]the accused were released on bail by the learned Principal Sessions Judge, Thiruvallur in Crl.MP.No.2392/2012 in respect of the case in Cr.No.1960/2012 for the offences u/s.341, 294[b], 336, 427, 392, 397 r/w 506[ii] IPC on the file of T1 Ambattur Police Station ; and [b] the accused was released on bail by the learned V Metropolitan Magistrate, Egmore, Chennai in Crl.MP.No.1364/2012 for the offences u/s.457 and 380 IPC in Cr.No.1062/2011 on the file of P3 Vyasarpadi Police Station respectively. On a perusal of the Paper Book furnished by the Prosecution, it is seen that it does not contain any of the documents, viz., the bail applications, in respect of the similar cases. The said bail applications filed in similar cases were the documents relied upon by the Detaining Authority to come to a subjective satisfaction that the detenu was likely to be released on bail. Admittedly, such documents have not been supplied to the detenu, as it did not form part of the Paper Book furnished by the Prosecution. Therefore, non supply of the copy of the bail applications and other documents in similar cases to the detenu would vitiate the impugned detention order. This order is made only towards setting aside the order of detention passed against the detenu herein. Any bail applications

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https://hcservices.ecourts.gov.in/hcservices/

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moved by the detenu in the ground case or in the adverse cases, necessarily would have to be considered by the Court concerned solely on merits.

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6.The Honourable Supreme Court in M.Ahamed Kutty Vs. Union of India and another (1990-2-SCC-1) has observed thus:-

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“7. Considering the facts in the instant case, the bail applications and the bail order were vital materials for consideration. If those were not considered the satisfaction of the detaining authority itself would have been impaired and if those had been considered, they would be documents relied on by the detaining authority though not specifically mentioned in the annexure to the order of detention and those ought to have formed part of the documents supplied to the detenu with the grounds of detention and without them the grounds themselves could not be said to have been complete. We have, therefore, no alternative but to hold that it amounted to denial of the detenu's right to make an effective representation and that it resulted in violation of Article 22(5) of the Constitution of India rendering the continued detention of the detenu illegal and entitling the detenu to be set at liberty in this case.” (Emphasis added).”

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This Court in Jarinabegam Vs. State of Tamil Nadu by Secretary to Government, Prohibition and Exercise Department, Chennai and another (2007-1-MLJ-Crl-18) relying upon the decision of the Honourable Supreme Court cited supra has held that non supply of the copy of the bail applications in similar cases to the detenu has the effect of vitiating the order or detention.

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As already analysed by us, in the facts and circumstances of the present case, non-supply of the documents, viz., bail applications, in similar cases, to the detenu has the effect of vitiating the impugned detention order. Further, due to non-supply of such a vital document, the detenu has lost valuable right to make an effective representation to the authorities concerned.

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In the light of the above said principles laid down by the Honourable Supreme Court and for the reasons stated above, the impugned order of detention is vitiated and the same is liable to be quashed.

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https://hcservices.ecourts.gov.in/hcservices/

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In the result, this Habeas Corpus Petition is allowed. The impugned detention order is set aside. The detenu is directed to be released forthwith, unless his presence is required in connection with any other case.

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Sd/-

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Assistant Registrar(LA)

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//True Copy//

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Sub Assistant Registrar
AP
To
1. The Secretary to Government
State of Tamil Nadu
Home, Prohibition & Excise Department
Fort St George, Chennai 600 009.

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