Allowed

Singh Alias Singaraja v. The Addl Chief Secretary to Government

Madras HC6 Dec 2024HCP(MD)/1071/2024

Case brief

AI extract

What is this about?

Habeas corpus challenge to a preventive detention order under which the petitioner was detained as a Goonda. The court held that non-consideration of the detenu's representation was fatal to the detention and ordered his release unless otherwise warranted by law.

What did the court decide?

Detenu set at liberty forthwith unless detention otherwise warranted by law.

Singh Alias Singaraja Vs The Addl Chief Secretary to Government — Bail and Remand | Madras HC (2024)

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H.C.P.(MD)No.1071 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1071 of 2024

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Singh @ Singaraja ... Petitioner / Detenu

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Vs.

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1.State of Tamil Nadu

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Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

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3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the entire records connected with the detention order passed in M.H.S.Confdl.No.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1071 of 2024

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92/2024, dated 30.05.2024 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Singh @ Singaraja, aged about 41 years, S/o.Thangaperumal Nadar, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

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For Petitioner : Mr.N.Pragalathan

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For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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The petitioner herein was detained as “Goonda” vide order

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dated 30.05.2024 by the second respondent herein.

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It is submitted that the representation was submitted by the

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detenu to the jail authority on 19.08.2024. But no order has been passed considering the said representation. Failure to consider the detenu's representation is fatal to the continuance of the detention order.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1071 of 2024

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4.In this view of the matter, we hold that the detenue's continued

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detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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5.This habeas corpus petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 06.12.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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Note:Issue Order Copy on 09.12.2024.

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To:-

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1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat,

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Chennai-600 009.

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2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

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3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1071 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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rmi

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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H.C.P.(MD)No.1071 of 2024

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06.12.2024

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https://www.mhc.tn.gov.in/judis

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Singh Alias Singaraja v. The Addl Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

Singh Alias Singaraja v. The Addl Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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