Mother filed Writ of Habeas Corpus challenging her son's detention as a Goonda. Court set aside order finding local law and order violation did not constitute maintenance of public order.
Detention order C.No.15/G/IS/2019 dated 31.03.2019 set aside; detenu directed to be released forthwith unless required in connection with any other case.
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: 03.07.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR
H.C.P. No. 733 of 2019
Kannammal ... Petitioner
-vs-
1.The Secretary to the Govt,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,Chennai - 600 009.
2.The Commissioner of Police/Detaining Authority,
City Police Office,
Huzur Road, Coimbatore City,
Coimbatore - 18. ... Respondents
Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus calling for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 31.03.2019 on the file of the 2nd respondent herein made in proceedings Memo C.No.15/G/IS/2019, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely R.Sudhakar, S/o. Rajendran, aged 27 years, before this Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.
For Petitioner : Mr.W.Camyles Gandhi For Respondents :Mr.C.Iyyappa Raj Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner is the mother of the detenu, R.Sudhakar, S/o. Rajendran, aged 27 years. The detenu has been detained by the second respondent by his order in Memo C.No.15/G/IS/2019, dated 31.03.2019, holding to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
4.Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that there is non-application of mind on the part of the detaining authority in passing the order of detention.
6.On perusal of the materials available on record and after going through the grounds of detention, we find that the ground case relates to individual act as the occurrence took place inside the TASMAC bar and there may be violation of only law and order and not public order. Any disorderly behaviour of a person in the public or commission of a criminal offence is bound, to some extent, affect the peace prevailing in the locality and it may also affect law and order, but the same need
not affect maintenance of public order. Hence, the detention order is liable to be set aside.
Sd/-
Assistant Registrar(Insp.Cell)
//True Copy//
Sub Assistant Registrar
mmi/ssm
To:
1.The Secretary to Govt,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,Chennai - 600 009.
2.The Commissioner of Police/Detaining Authority,
City Police Office,
Huzur Road, Coimbatore City,
Coimbatore - 18.
3.The Superintendent
Central Prison,Coimbatore.
4.The Public Prosecutor,
High Court, Madras.
H.C.P. No.733 of 2019
ks(co)
nr 07/08/2019
2 issues framed by the court
Whether the detention order passed under Section 2(f) of Tamil Nadu Act 14 of 1982 was liable to be set aside for non-application of mind.
Whether an occurrence inside a TASMAC bar prejudicial to law and order amounts to maintenance of public order under the Prevention of Goondas Act.
2 provisions across 2 enactments
Kannammal
The Secretary to the Govt, Home, Prohibition and Excise Department
The Commissioner of Police/Detaining Authority
M.M.SUNDRESH
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
