Allowed

Sathiya Muhesh @ Sathish v. The Additional Chief Secretary to Government

Madras HC13 Dec 2024HCP(MD)/827/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a habeas corpus petition. It held that an unexplained five-day delay in dealing with the detenu's representation for revocation of detention under Article 22 infringed his constitutional rights, rendering continued detention illegal.

What did the court decide?

The detention order dated 05.06.2024 withdrawn; detenu set at liberty forthwith; petition allowed.

Sathiya Muhesh @ Sathish Vs The Additional Chief… — Writ and Judicial Review | Madras HC (2024)

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H.C.P.(MD)No.827 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.12.2024

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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.827 of 2024

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Sathiya Muhesh @ Sathish

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... Petitioner / Detenu

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Vs.

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

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2.The District Collector and District Magistrate, Office of the District Magistrate and District Collector, Thoothukudi District, Thoothukudi.

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3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District. ... 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, calling for the entire records connected with the detention order of the second in H.S.(M).Confdl No.73/2024 dated 05.06.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Sathiya Muhesh@Sathish S/o.Vijayaraj age 24yrs now detained as

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

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H.C.P.(MD)No.827 of 2024

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“Goonda” at Palayamkottai Central Prison before this Court and set him at liberty forthwith.

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For Petitioner : Dr.R.Alagumani

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For Respondents : Mr..T.Senthilkumar, 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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The petitioner was detained as “Goonda” vide order dated 05.06.2024 by the second respondent. Representation dated 01.07.2024 was submitted for revocation of the detention order. The file was submitted on 11.07.2024. The Deputy Secretary dealt with the file only on 22.07.2024. There is an unexplained delay of five days in dealing with the representation. We are satisfied that the detenu's right guaranteed under Article 22 of the Constitution of India has been infringed. It is well settled that delay in considering the representation of the detenu is fatal to the continuance of the detention.

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2.In this view of the matter, we hold that the detenu's continued detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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

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H.C.P.(MD)No.827 of 2024

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3.This habeas corpus petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 13.12.2024

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

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ias Issue order copy on 16.12.2024.

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To:-

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

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2.The District Collector and District Magistrate, Office of the District Magistrate and District Collector, Thoothukudi District, Thoothukudi.

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

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

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

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H.C.P.(MD)No.827 of 2024

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

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ias

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H.C.P.(MD)No.827 of 2024

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13.12.2024

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

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Sathiya Muhesh @ Sathish v. The Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

Sathiya Muhesh @ Sathish 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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Issues for consideration

Statutes considered

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Coram

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