Habeas Corpus petitioner challenged the detention of her son under the Tamil Nadu Prevention of Dangerous Activities Act. The Court found non-application of mind by authorities regarding an unpursued bail claim and set aside the detention order.
Impugned detention order set aside; detenu directed to be released forthwith unless presence required in another case.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
H.C.P.No.2736 of 2015
Radha ... Petitioner
-Vs-
1.The Secretary to the Government
Home Prohibition & Excise Department
Secretariat
Chennai 600 009.
2.The Commissioner of Police
Chennai Police
Chennai. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records in connection with the order of Detention passed by the 2nd respondent dated 30.09.2015 in BCDFGISSSV No.1066/2015 against the son of the petitioner, detenu Naresh @ Nari, M/A 24, S/o Gopinath, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.K.S.Kaviarasu
For Respondents : Mr.A.N.Thambidurai
This Habeas Corpus Petition is filed, by the mother of the detenu, namely, Naresh @ Nari, aged 24 years, S/o Gopinath, to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV No.1066/2015 dated 30.09.2015, passed by the 2nd Respondent, detaining the detenu, under Section 3(1) of the
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982) branding him as a “Goonda”, as contemplated u/s 2(f) of the Tamil Nadu Act 14 of 1982, and to quash the same, produce him before this Court and to set him at liberty.
5.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 30.09.2015, passed by the second respondent is set aside. The detenu is directed to be released, forthwith, unless his presence is required in connection with any other case.
//True Copy//
Sub Assistant Registrar
gms
To
1.The Secretary to the Government
Home Prohibition & Excise Department
Secretariat
Chennai 600 009.
2.The Commissioner of Police
Chennai Police
Chennai.
3.The Superintendent,
Central Prison,
Puzhal, Chennai.
4.The Joint Secretary to Government,
Public(Law & Order),
Fort Saint George, Chennai - 9.
5.The Public Prosecutor,
Madras High Court, Chennai.
H.C.P.No.2736 of 2015
LRS(CO)
CA(25/05/2016)
3 issues framed by the court
Whether the detention order suffered from non-application of mind regarding the claim that bail action was being taken by relatives.
Whether the impugned detention order under the Tamil Nadu Act 14/1982 be set aside.
Whether the detenu should be released forthwith.
3 provisions across 3 enactments
Radha
Secretary to the Government, Home Prohibition & Excise Department, Chennai
Commissioner of Police, Chennai
JAICHANDREN
NAGAMUTHU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
JAICHANDREN and NAGAMUTHU
Parties & counsel
