Thangamani v. The State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2008CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN ANDTHE HONOURABLE MR.JUSTICE R.REGUPATHIH.C.P.Nos.1098 to 1102 of 2007Thangamani.. Petitioner in HCP No.1098/2007Munusamy.. Petitioner in HCP No.1099/2007Velammal.. Petitioner in HCP No.1100/2007Thamarai Selvi.. Petitioner in HCP No.1101/2007Priya.. Petitioner in HCP No.1102/2007Vs1.The State of Tamil Nadu, rep. By its Secretary Prohibition and Excise Department, Secretariat, Chennai-600 009.2.The Commissioner of Police, Chennai Police, Egmore, Chennai... Respondents in all HCPsPetition filed under Article 226 of the Constitution of India forissue of Writ of Habeas Corpus;HCP.No.1098 of 2007 : To issue a writ of Habeas Corpus or any otherappropriate writ or order or direction in nature of writ call for therecords relating to the detention order in Memo.No.294/BDFGISSV/2007 dated07.07.2007 on the file of the 2nd respondent and quash the same anddirecting the respondents to produce the Corpus of the detenu namely Siva@ Sivapathy, S/o.Murugesan, No.2,Vettudai Kaliamman Koil Street,Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Centralprison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. https://hcservices.ecourts.gov.in/hcservices/ HCP.No.1099 of 2007 :To issue a writ of Habeas Corpus or any otherappropriate writ or order or direction in nature of writ call for therecords relating to the detention order in Memo.No.295/BDFGISSV/2007 dated07.07.2007 on the file of the 2nd respondent and quash the same anddirecting the respondents to produce the Corpus of the detenu namelySuresh Babu,S/o.Arumugam,No.5,13th Street, Kannappasamy Nagar, Kavangarai,Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) beforethis Hon'ble Court and set him at liberty.HCP.No.1100 of 2007 : To issue a writ of Habeas Corpus or any otherappropriate writ or order or direction in nature of writ call for therecords relating to the detention order in Memo.No.296/BDFGISSV/2007 dated07.07.2007 on the file of the 2nd respondent and quash the same anddirecting the respondents to produce the Corpus of the detenu namelyNatarajan,S/o.Ponnusamy,No.12,1st Street, Kannappasamy Nagar, Kavangarai,Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) beforethis Hon'ble Court and set him at liberty.HCP.No.1101 of 2007 : To issue a writ of Habeas Corpus or any otherappropriate writ or order or direction in nature of writ call for therecords relating to the detention order in Memo.No.297/BDFGISSV/2007 dated07.07.2007 on the file of the 2nd respondent and quash the same anddirecting the respondents to produce the Corpus of the detenu namelySenthil,S/o.Mani,No.7-A,24th Street, Kannappasamy Nagar, Kavangarai,Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) beforethis Hon'ble Court and set him at liberty.HCP.No.1102 of 2007 : To issue a writ of Habeas Corpus or any otherappropriate writ or order or direction in nature of writ call for therecords relating to the detention order in Memo.No.298/BDFGISSV/2007 dated07.07.2007 on the file of the 2nd respondent and quash the same anddirecting the respondents to produce the Corpus of the detenu namelyShankar,S/o.Selvaraj, No.17,10th Street, Kannappasamy Nagar, Kavangarai,Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) beforethis Hon'ble Court and set him at liberty.For Petitioner:Mr.S.Kumara DevanFor Respondents:Mr.N.R.ElangoAddl. Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ O R D E R(Made by P.D.DINAKARAN,J.)The petitioners, immediate relatives of the detenus – Senthil,Sivapathy, Suresh Babu, Natarajan and Shankar, who were incarcerated atCentral Prison, Chennai, by orders dated 7.7.2007 of the second respondentunder the provisions of the Tamil Nadu Prevention of Dangerous Activitiesof Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral TrafficOffenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982(Tamil Nadu Act 14 of 1982) branding them as Goondas, seek a writ ofHabeas Corpus to call for the records in connection with the said ordersof detention, to set aside the same and to direct the respondents toproduce the detenus before this Court and set them at liberty.2.1.The impugned orders of detention came to be passed based on theground case registered in M-3 Puzhal Police Station Cr.No.316/2007 underSection 147, 148, 336, 341, 353, 506(2) and 307 IPC. On 19.06.2007, atabout 15.00 hours, Sub Inspector of Police and his subordinate officersattached to the above mentioned police station were on a hunt to nab theaccused concerned with Cr.No.314/2007 of that police station. A reliableinformation alerted them that the accused were standing at a bus stand.The police party rushed to the spot and found the accused standing. Onseeing the police, the detenus indulged in all sorts of atrocities rangingfrom attacking the police with deadly weapons to throwing stones. Thepolice personnel sustained grievous injuries in the attack. Takingadvantage of the panic situation, the detenus fled from the scene. Thedetenus were arrested on 20.06.2007.2.2.The Detaining Authority taking note of the ground case as well asthe adverse cases of the detenus, having satisfied that there iscompelling necessity to detain them in order to prevent them fromindulging in such activities which are prejudicial to the maintenance ofpublic order, clamped the impugned detention orders on the detenus.3.The learned counsel for the petitioners challenges the impugnedorders of detention on the ground of non application of mind on the partof the detaining authority, as the detaining authority had not consideredthe specific plea raised in the representations made on behalf of thedetenus. In the respective representations, it is contended that on comingto know that the police are searching for the detenus in connection with amurder case, the detenus were produced before the police on 19.06.2007itself whereas the police have shown that the detenus were arrested onlyon 20.06.2007. However, in the rejection order dated 20.08.2007, theGovernment has not adverted to this important contention but has simplyrejected the representation. https://hcservices.ecourts.gov.in/hcservices/

4.We have perused the entire materials placed before us. Even thoughin the grounds of detention, it was stated that the detenus were arrestedon 20.6.2007 with respect to the ground case, in the representations madeon behalf of the detenus, it has been specifically stated that the detenuswere produced before the Police on 19.06.2007 itself. However, whilepassing the order of rejection dated 20.08.2007, the Government has nottouched upon this important contention raised by the petitioners as to thearrest of the detenus.5.We are, therefore, satisfied that the detaining authority had nottaken note of the above fact, which shows the non application of mind onthe part of the detaining authority. Accordingly, the orders of detentionare vitiated and the same are set aside. The Habeas Corpus Petitions areallowed and the detenus are directed to be set at liberty forthwith unlesstheir presence is required in connection with any other case. sraSd/-Asst.Registrar/true copy/ Sub Asst.RegistrarTo1. The Secretary to Government (Home), Prohibition & Excise Department Secretariat, Chennai 9.2. The Commissioner of Police, Chennai Police, Egmore, Chennai.3. The Superintendent Central Prison, Chennai.4. The Public Prosecutor High Court, Madras.5. The Joint Secretary to Government, Public (Law and Order) Department, Fort St. George, Chennai-9.+5 ccs to Mr.S.Kumaradevan, Advocate Sr.No.654,655,756,657 and 658.ASM(CO)DCP/10.1H.C.P.Nos.1098 to 1102of 2007