Quashed

Dilli v. the Additional Chief Secretary to Government of Tamilnadu

Madras HC23 Apr 2021HCP/1877/2020

Case brief

AI extract

What is this about?

In this Habeas Corpus petition, the High Court quashed a police detention order under the Tamil Nadu Goondas Act due to inordinate and unexplained delays in considering the petitioner's representation regarding the detention of his son.

What did the court decide?

The detention order dated 14.09.2020 is set aside, and the detenu Appu @ Ganesamoorthy is directed to be released forthwith unless his detention is required in connection with any other case.

Dilli Vs the Additional Chief Secretary to… — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.04.2021

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

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H.C.P.No.1877 of 2020

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Dilli,
S/o.Sundaram ...Petitioner /
Father of the detenu
versus
1. The Additional Chief Secretary
to Government of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police,
Vepery, Chennai - 600 007.
3. The State, Rep. by its
The Inspector of Police,
H-3 Tondiarpet Police Station,
Chennai - 600 081.
4. The Superintendent,
Central Prison, Puzhal,
Chennai - 600 066. ... Respondents

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Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records in D.O.No.369/BCDFGISSSV/2020 dated 14.09.2020 on the file of the second respondent and to produce his son Appu @ Ganesamoorthy, son of Dilli, Hindu, Male, aged about 31 years, now confined at Central Prison, Puzhal, Chennai and set him at liberty.

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For Petitioner : Mr.D.Gopikrishnan For Respondents: Mr.R.Prathap Kumar

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Additional Public Prosecutor

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

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O R D E R

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[Order of the Court was made by R.PONGIAPPAN, J.]

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The petitioner is the father of the detenu, Appu @ Ganesamoorthy, son of Dilli, aged about 31 years. The detenu has been detained by the second respondent by its order dated 14.09.2020 in D.O.No.369/BCDFGISSSV/2020, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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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.

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Though several grounds have been raised in this Petition, learned counsel appearing for the petitioner would mainly focus his argument on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay.

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The learned Additional Public Prosecutor has filed a counter and strongly opposed this Petition. He would submit that though there was delay in considering the representation, on that score alone, the impugned detention order cannot be quashed. According to the learned Additional Public Prosecutor, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.

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The Detention Order in question was passed on 14.09.2020. The petitioner made a representation on 23.09.2020. Thereafter, remarks were called for by the Government from the Detaining Authority on 08.10.2020. The remarks were duly received on 15.10.2020. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 06.11.2020.

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It is the contention of the petitioner that there was a delay of 7 days in submitting the remarks by the Detaining Authority, of which 2 days were Government Holidays and hence, there was an inordinate delay of 5 days in submitting the remarks. It is the further contention of the petitioner that the remarks were received on 15.10.2020 and there was a delay of 20 days in considering the representation by the Hon'ble Minister

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

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for Electricity, Prohibition and Excise Department after the Deputy Secretary dealt with it, of which 5 days were Government Holidays, hence, there was inordinate delay of 15 days in considering the representation.

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In Rekha vs. State of Tamil Nadu (2011 (5) SCC 244), the Honourable Supreme Court has held that the procedural safeguards are required to be zealously watched and enforced by the Courts of law and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities undertaken by the detenu.

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In Sumaiya vs. The Secretary to Government (2007 (2) MWN (Cr.) 145), a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu would be sufficient to set aside the order of detention.

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In Tara Chand vs. State of Rajasthan and others, reported in 1980 (2) SCC 321, the Honourable Supreme Court has held that any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal.

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In the subject case, admittedly, there is an inordinate and unexplained delay of 5 days in submitting the remarks by the Detaining Authority and unexplained delay of 15 days in considering the representation by the Hon'ble Minister for Electricity, Prohibition and Excise Department. The impugned detention order is, therefore, liable to be quashed.

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In the result, the Habeas Corpus Petition is allowed and the order of detention in D.O.No.369/BCDFGISSSV/2020 dated 14.09.2020, passed by the second respondent is set aside. The detenu, viz. Appu @ Ganesamoorthy, son of Dilli, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case.

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Sub Assistant Registrar

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

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sri

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1.The Additional Chief Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai - 600 007. 3.The State, Rep. by its The Inspector of Police, H-3 Tondiarpet Police Station, Chennai - 600 081. 4.The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 5.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 600 009. 6.The Public Prosecutor, High Court, Madras. H.C.P.No.1877 of 2020

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EV(CO) RMP(26/04/2021)

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

Dilli v. the Additional Chief Secretary to Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Dilli v. the Additional Chief Secretary to Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

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