The Hon'ble Supreme Court, in the case of 'Rekha v. State of Tamil Nadu through Secretary to Government and another' reported in '

H.C.P.No.1201 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.07.2024CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESHANDTHE HONOURABLE MR. JUSTICE SUNDER MOHANH.C.P.No.1201 of 2024S.Kalaivani.. Petitioner/ Mother of the detenueVersus1. The State of Tamil Nadu rep by The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 510 009.2. The Commissioner of Police, Tambaram City, Chennai.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.4. The Inspector of Police, T-10, Manimangalam Police Station, Chengalpattu District... RespondentsPrayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the 1/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024records relating to the detention order issued by the second respondent herein in BCDFGISSSV No.51/2024 dated 03.04.2024 and quash the same and direct the respondents herein to produce the body of the detenue namely S.Ravikumar, aged about 23 years, the son of Sivakumar, before this Court and set him at liberty from the third respondent prison viz., the Central Prison, Puzhal, Chennai - 66 forthwith.For Petitioner: Mr.G.MageshkumarFor Respondents: Mr.A.Gokulakrishnan, Additional Public ProsecutorORDERM.S.RAMESH , J. andSUNDER MOHAN, J.The petitioner herein is the mother of the detenue viz., S.Ravikumar, son of Sivakumar, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai has come forward with this petition challenging the detention order passed by the second respondent dated 03.04.2024 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].2/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 20242. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.3. Though several grounds are raised in this petition, the learned counsel for the petitioner focused mainly on the ground that the subjective satisfaction of the Detaining Authority that the relatives of the detenue are taking steps to take out the detenue on bail, suffers from non-application of mind, as the Special Report of the Sponsoring Authority is not dated. Hence, the learned counsel raised a bona fide doubt as to when the documents were obtained and as to the date on which the Special Report was sent by the Sponsoring Authority to the Detaining Authority. The learned counsel further pointed out that, unless the Special Report of the Sponsoring Authority is immediately before the Detention Order, it may not have relevance and hence, the subjective satisfaction of the Detaining Authority based on these undated documents, would vitiate the Detention Order. 3/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 20244. It is seen from the records that the Special Report of the Sponsoring Authority is not dated. On a perusal of the Grounds of Detention, it is seen that, in Para No.4, the Detaining Authority has stated that the Sponsoring Authority has stated that he came to understand that the relatives of the detenue are taking steps to take him out on bail by filing bail applications before the appropriate Court and has arrived at the subjective satisfaction that the detenue is likely to be released on bail. When the Special Report of the Sponsoring Authority is not dated, the veracity of the Report becomes doubtful. The compelling necessity to detain the detenue would also depend on when the Sponsoring Authority has sent his Report. In the absence of the report, the compelling necessity to detain, becomes suspect. Hence, this Court is of the view that the subjective satisfaction arrived at by the Detaining Authority based on such undated materials, suffers from non-application of mind.5. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', has dealt with a situation where the Detention Order is passed without an application of mind. In case, any of the reasons stated in 4/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:-“10.In our opinion, if details are given by the respondent authority about the alleged bail orders in similar cases mentioning the date of the orders, the bail application number, whether the bail order was passed in respect of the co-accused in the same case, and whether the case of the co-accused was on the same footing as the case of the petitioner, then, of course, it could be argued that there is likelihood of the accused being released on bail, because it is the normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of 5/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024detention cannot sustain the detention order and has to be ignored. 11.In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained.”6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.7. Accordingly, the detention order passed by the second respondent on 03.04.2024 in BCDFGISSSV No.51/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., S.Ravikumar, son of Sivakumar, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case. [M.S.R., J] [S.M., J]6/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024 24.07.2024Index: yes/noSpeaking order/Non-speaking orderNeutral Citation: yes/nogrsNote :- Registry shall forthwith return the booklet containing the materials, on which, the Detaining Authority has placed reliance, to the petitioner/counsel for the petitioner with due acknowledgment.7/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024To1. The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 510 009.2. The Commissioner of Police, Tambaram City, Chennai.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.4. The Inspector of Police, T-10, Manimangalam Police Station, Chengalpattu District.5. The Public Prosecutor, High Court of Madras.8/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024M.S.RAMESH, J.ANDSUNDER MOHAN, J.grs H.C.P.No.1201 of 202424.07.2024 9/9

H.C.P.No.1201 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.07.2024CORAM : THE HONOURABLE MR. JUSTICE M.S.RAMESHANDTHE HONOURABLE MR. JUSTICE SUNDER MOHANH.C.P.No.1201 of 2024S.Kalaivani.. Petitioner/ Mother of the detenueVersus1. The State of Tamil Nadu rep by The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 510 009.2. The Commissioner of Police, Tambaram City, Chennai.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.4. The Inspector of Police, T-10, Manimangalam Police Station, Chengalpattu District... RespondentsPrayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the 1/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024records relating to the detention order issued by the second respondent herein in BCDFGISSSV No.51/2024 dated 03.04.2024 and quash the same and direct the respondents herein to produce the body of the detenue namely S.Ravikumar, aged about 23 years, the son of Sivakumar, before this Court and set him at liberty from the third respondent prison viz., the Central Prison, Puzhal, Chennai - 66 forthwith.For Petitioner: Mr.G.MageshkumarFor Respondents: Mr.A.Gokulakrishnan, Additional Public ProsecutorORDERM.S.RAMESH , J. andSUNDER MOHAN, J.The petitioner herein is the mother of the detenue viz., S.Ravikumar, son of Sivakumar, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai has come forward with this petition challenging the detention order passed by the second respondent dated 03.04.2024 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].2/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 20242. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.3. Though several grounds are raised in this petition, the learned counsel for the petitioner focused mainly on the ground that the subjective satisfaction of the Detaining Authority that the relatives of the detenue are taking steps to take out the detenue on bail, suffers from non-application of mind, as the Special Report of the Sponsoring Authority is not dated. Hence, the learned counsel raised a bona fide doubt as to when the documents were obtained and as to the date on which the Special Report was sent by the Sponsoring Authority to the Detaining Authority. The learned counsel further pointed out that, unless the Special Report of the Sponsoring Authority is immediately before the Detention Order, it may not have relevance and hence, the subjective satisfaction of the Detaining Authority based on these undated documents, would vitiate the Detention Order. 3/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 20244. It is seen from the records that the Special Report of the Sponsoring Authority is not dated. On a perusal of the Grounds of Detention, it is seen that, in Para No.4, the Detaining Authority has stated that the Sponsoring Authority has stated that he came to understand that the relatives of the detenue are taking steps to take him out on bail by filing bail applications before the appropriate Court and has arrived at the subjective satisfaction that the detenue is likely to be released on bail. When the Special Report of the Sponsoring Authority is not dated, the veracity of the Report becomes doubtful. The compelling necessity to detain the detenue would also depend on when the Sponsoring Authority has sent his Report. In the absence of the report, the compelling necessity to detain, becomes suspect. Hence, this Court is of the view that the subjective satisfaction arrived at by the Detaining Authority based on such undated materials, suffers from non-application of mind.5. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', has dealt with a situation where the Detention Order is passed without an application of mind. In case, any of the reasons stated in 4/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:-“10.In our opinion, if details are given by the respondent authority about the alleged bail orders in similar cases mentioning the date of the orders, the bail application number, whether the bail order was passed in respect of the co-accused in the same case, and whether the case of the co-accused was on the same footing as the case of the petitioner, then, of course, it could be argued that there is likelihood of the accused being released on bail, because it is the normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of 5/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024detention cannot sustain the detention order and has to be ignored. 11.In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained.”6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.7. Accordingly, the detention order passed by the second respondent on 03.04.2024 in BCDFGISSSV No.51/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., S.Ravikumar, son of Sivakumar, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case. [M.S.R., J] [S.M., J]6/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024 24.07.2024Index: yes/noSpeaking order/Non-speaking orderNeutral Citation: yes/nogrsNote :- Registry shall forthwith return the booklet containing the materials, on which, the Detaining Authority has placed reliance, to the petitioner/counsel for the petitioner with due acknowledgment.7/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024To1. The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 510 009.2. The Commissioner of Police, Tambaram City, Chennai.3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.4. The Inspector of Police, T-10, Manimangalam Police Station, Chengalpattu District.5. The Public Prosecutor, High Court of Madras.8/9 https://www.mhc.tn.gov.in/judis H.C.P.No.1201 of 2024M.S.RAMESH, J.ANDSUNDER MOHAN, J.grs H.C.P.No.1201 of 202424.07.2024 9/9