Allowed

Prabha v. The Principal Secretary to Government

Madras HC3 Dec 2024HCP(MD)/703/2024

Case brief

AI extract

What is this about?

Habeas corpus petition challenging a Goonda detention order. The court held that non-supply of the remand order to the detenu breached his Article 22 right to effective representation, indicating non-application of mind, and quashed the detention.

What did the court decide?

Detention order No.27/2024 quashed; detenu Prabu ordered released forthwith unless detention otherwise warranted by law.

Prabha Vs The Principal Secretary to Government — Bail and Remand | Madras HC (2024)

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H.C.P.(MD)No.703 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.12.2024

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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.703 of 2024

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Prabha ... Petitioner / Wife of the Detenu

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Vs.

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

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Chennai-09.

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

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Theni.

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3.The Superintendent of Prison, Central Prison, Madurai District.

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4.The Inspector of Police, Thenkarai Police Station, Theni District. ... Respondents

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

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H.C.P.(MD)No.703 of 2024

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PRAYER :

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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 records in detention order No.27/2024, dated 29.05.2024 and set aside the same and direct the respondents herein to produce the detenu, Prabu aged 36 years S/o.Palraj, who has been termed as “Goonda” now confined in Central Prison, Madurai before this Court and set him at liberty.

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For Petitioner : Mr.R.Alagumani

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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's husband was detained as Goonda vide order

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dated 29.05.2024 by the second respondent. The detenu was arrested and remanded on 03.05.2024. In the booklet supplied to the detenu, copy of the remand order was not enclosed. However, in the grounds of

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detention, there is a reference to the remand order. It appears that the detaining authority has gone by the averments set out in the proposal of

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2/5

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

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H.C.P.(MD)No.703 of 2024

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the sponsoring authority. This betrays non-application of mind on the part of the second respondent. Failure to supply the remand order also has breached the fundamental right granted to the detenu to give a effective representation under Article 22 of the Constitution of India. On these twin grounds, we quash the impugned order. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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3.This habeas corpus petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 03.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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Note:Issue Order Copy on 04.12.2024.

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To:-

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

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Chennai-09.

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

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

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H.C.P.(MD)No.703 of 2024

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3.The Superintendent of Prison, Central Prison, Madurai District.

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4.The Inspector of Police, Thenkarai Police Station, Theni District.

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

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4/5

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

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H.C.P.(MD)No.703 of 2024

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

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rmi

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H.C.P.(MD)No.703 of 2024

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03.12.2024

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5/5

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

Prabha v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

Prabha v. The Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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