Allowed

Sridevi v. the Additional Chief Secretary to Government

Madras HC9 Nov 2021HCP/864/2021

Case brief

AI extract

What is this about?

The High Court quashed a detention order passed under Section 2(f) of the Tamil Nadu Goondas Act due to gross procedural delays in directing remarks and considering the representation, holding that such delays violated fundamental rights and necessitated release.

What did the court decide?

The detention order was set aside and the detenu is directed to be released forthwith unless required for another case.

Sridevi Vs the Additional Chief… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.11.2021

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CORAM

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA

H.C.P.No.864 of 2021

Sridevi ..Petitioner

Vs.

The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai-600 009.

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The Commissioner of Police, Greater Chennai,

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Office of the Commissioner of Police,

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Vepery, Chennai - 600 007.

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The Inspector of Police, V-1, Villivakkam Police Station,

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Chennai - 600 049.

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The Superintendent of Prison,

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Central Prison,

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Puzhal, Chennai – 600 066. ..Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the 2^nd respondent vide order No.130/BCDFGISSSV/2021 dated 14.05.2021 against the detenu Manoj @ Manojkumar, S/o.S.M.Kondal Rao, male, aged about 27 years, who is confined at the Central Prison, Puzhal, Chennai and set aside the same and direct the respondent to produce the detenu before this Court and set him at liberty.

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For Petitioner : Mr.J.B.Solomon Peter Kamal Doss

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For Respondents : Mr.R.Muniyapparaj,

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Addl. Public Prosecutor

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

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ORDER

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[Made by P.N.PRAKASH, J.]

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The petitioner is the mother of the detenu Manoj @ Manojkumar, S/o.S.M.Kondal Rao, aged about 27 years. The detenu has been detained by the second respondent by his order in No.130/BCDFGISSSV/2021 dated 14.05.2021, holding him 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.

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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 the Habeas Corpus Petition, the 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 strongly opposed the Habeas Corpus Petition by filing his counter. 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 14.05.2021. The petitioner made a representation on 26.05.2021. Thereafter, remarks were called for by the Government from the Detaining Authority on 31.05.2021. The remarks were duly received on 07.06.2021. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 26.07.2021.

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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 07.06.2021 and there was a delay of 49 days in considering the representation by the Hon'ble Minister for Electricity, Prohibition and Excise Department after the

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

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Deputy Secretary dealt with it, of which, 15 days were Government Holidays, hence, there was an inordinate delay of 34 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 34 days in considering the representation by the Hon'ble Minister for Home, 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 No.130/BCDFGISSSV/2021 dated 14.05.2021, passed by the second respondent is set aside. The detenu, viz., Manoj @ Manojkumar, S/o.S.M.Kondal Rao, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/-

Deputy Registrar

//True Copy//

Sub Assistant Registrar

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nsd

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The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai-600 009.

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

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The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai - 600 007. 3. The Inspector of Police, V-1, Villivakkam Police Station, Chennai - 600 049. 4. The Superintendent of Prison, Central Prison, Puzhal, Chennai – 600 066. 5. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai – 9. 6. The Public Prosecutor, High Court, Madras.

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H.C.P.No.864 of 2021

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SMI(CO) RGA(16/11/2021)

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

Sridevi v. the Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

Sridevi v. the Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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