Romilta v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner is the mother of the detenu viz., Maria Yoshwin, aged about 21 years S/o.Praveenkumar. The detenu has been detained by the second respondent by his order in HS(M) Confdl. No.47/2023 dated

22.03.2023 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶2We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that, though there is no bail application filed by the detenu in the ground case and while arriving at a subjective satisfaction in the ground case with regard to coming out on bail, no reference has been made to the detenu's involvement in Crime No.31/2023, which is the adverse case and his likelihood of coming out on bail in the said case. Hence, the subjective satisfaction arrived at by the detaining authority suffers from non-application of mind.

¶4The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter.

¶5In paragraph No.7 of the detention order, the detaining authority has made a reference to the ground case in Crime No.31/2023 and by quoting the bail order passed in the case of the co-accused in Cr.M.P.No. 4512/2015 dated 22.07.2015 in Crime No.422/2012, the detaining authority has arrived at a subjective satisfaction that the detenu is likely to come out on bail by filing bail application. However, no reference has been made to the detenu's involvement in Crime No.31/2023, which is the adverse case and his likelihood of coming out on bail in the said case. Thus, the subjective satisfaction arrived at by the detaining authority would amount to non-application of mind. Hence, the impugned order of detention is liable to be quashed.

¶6In the result, the Habeas Corpus Petition is allowed and the order of detention in HS(M) Confdl. No.47/2023 dated 22.03.2023 passed by the second respondent is set aside. The detenu, viz., Maria Yoshwin, S/o.Praveenkumar, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(M.S.R.,J.) (M.N.K.,J.)

25.09.2023 NCC :Yes / No Internet : Yes RR To

1.The Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

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

3.The Superintendent of Police, Thoothukudi District

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

5.The Inspector of Police, Aarumuganeri Police Station, Thoothukudi District

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

M.S.RAMESH, J. and M.NIRMAL KUMAR,J. RR

H.C.P.(MD)No.490 of 2023

25.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.490 of 2023 Romilta .. Petitioner/mother of the detenu Vs. 1.The State rep. by the Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009. 2.The District Collector and District Magistrate, Thoothukudi District Thoothukudi. 3.The Superintendent of Police, Thoothukudi District 4.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. 5.The Inspector of Police, Aarumuganeri Police Station, Thoothukudi District Crime No.32/2023 .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the records pertaining to the impugned detention order issued by the 2nd respondent in his proceedings in Detention Order HS(M) Confdl. No. 47/2023 dated 22.03.2023 in detaining the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda at the Central Prison, Palayamkottai and quash the same and direct the respondents to produce the detenu, namely, Maria Yoshwin, S/o.Praveenkumar, male, aged about 21 years, who is now detained in the Central Prison, Palayamkottai, Tirunelveli. For Petitioner : Mr.A.Robinson For Respondents : Mr.A.Thiruvadikkumar Additional Public Prosecutor