High Court · 2025

H.C.P.No.3201 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.02.2025CORAM :THE HONOURABLE MR. JUSTICE M.S. RAMESHANDTHE HONOURABLE MR. JUSTICE N. SENTHILKUMARH.C.P.No.3201 of 2024Ismail Ansari... PetitionerVs.1.The Additional Chief Secretary,Home, Prohibition & Excise Department.Secretariat, Chennai – 600 009.2.The Commissioner of Police,Greater Chennai City Police,Office of the Commissioner of Police,Vepery, Chennai – 600 007.3.The Superintendent of Prisons,Central Prison – II, Puzhal,Chennai – 600 066.4.The Assistant Commissioner of Police,Thirumangalam Range,Chennai.5.The Inspector of Police,V5 – Thirumangalam Police Station,Chennai.... RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India to Page 1 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024issue a Writ of Habeas Corpus, calling for the records relating to the detention order No.345/BCDFGISSSV/2024 dated 10.04.2024 passed by the 2nd respondent and set aside the same and direct the respondents to produce the body of the detenu namely Ismail Ansari, S/o.Israil Ansari, aged about 35 years, now detained in Central Prison – II, Puzhal, Chennai, before this Court and set him at liberty.For Petitioner: Mr.S.RameshFor Respondents: Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester JohnORDER(Order of the Court was made by M.S. RAMESH, J.)The petitioner herein, who is the detenu namely Ismail Ansari, aged about 35 years, S/o.Israil Ansari, has come forward with this petition challenging the detention order passed by the second respondent dated 10.04.2024 slapped on him, 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. Heard the learned counsel for the petitioner, as well as the learned Page 2 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024Additional 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 petitioner/detenu are taking steps to take out the detenu on bail, suffers from non-application of mind, as the statement under 161 Cr.P.C., said to have been made by the detenu's relative before the Sponsoring Authority, is not dated. Hence, the learned counsel for the petitioner raised a bona fide doubt as to when this statement was obtained from the detenu's relative. The learned counsel further pointed out that, unless the statement relied upon by the Sponsoring Authority is immediately before the Detaining Authority, it may not have relevance and hence, the subjective satisfaction of the Detaining Authority based on this undated statement, would vitiate the Detention Order. 4. It is seen from records that the statement obtained by the Sponsoring Authority from the detenu's relative, enclosed in the Booklet, stating that they are planning to file a bail application to bring out the detenu on bail, is not dated. On a perusal of the Grounds of Detention, it is seen that, in Para No.3, Page 3 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024the Detaining Authority has observed that the Sponsoring Authority has stated that he came to know that the relatives of the detenu are taking steps to take him out on bail by filing bail application before the appropriate Court and has arrived at the subjective satisfaction that the detenu is likely to be released on bail. When the statement obtained by the Sponsoring Authority from the relatives of the detenu stating that they are planning to file bail application to bring out the detenu on bail is not dated, the veracity of such statement becomes doubtful. The compelling necessity to detain the detenu would also depend on when the statement was obtained. In the absence of the date, the compelling necessity to detain, becomes suspect. Hence, this Court is of the view that the subjective satisfaction of the Detaining Authority based on such undated material, 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 the 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024Supreme 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 detention 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.”Page 5 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 20246. 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 10.04.2024 in No.345/BCDFGISSSV/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The petitioner/detenu viz., Ismail Ansari, aged about 35 years, S/o.Israil Ansari, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [M.S.R, J.] [N.S, J.] 14.02.2025Index: Yes/NoSpeaking order/Non-speaking orderNeutral Citation: Yes/NoSniPage 6 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024To1.The Additional Chief Secretary,Home, Prohibition & Excise Department.Secretariat, Chennai – 600 009.2.The Commissioner of Police,Greater Chennai City Police,Office of the Commissioner of Police,Vepery, Chennai – 600 007.3.The Superintendent of Prisons,Central Prison – II, Puzhal,Chennai – 600 066.4.The Assistant Commissioner of Police,Thirumangalam Range,Chennai.5.The Inspector of Police,V5 – Thirumangalam Police Station,Chennai.6.The Public Prosecutor,High Court, Madras.Page 7 of 8 https://www.mhc.tn.gov.in/judis H.C.P.No.3201 of 2024M.S.RAMESH, J.andN. SENTHILKUMAR, J.SniH.C.P.No.3201 of 202414.02.2025Page 8 of 8