Madras High Court
S.Raiman Beevi vs The Principal Secretary To ... on 28 July, 2022
HCP(MD)No.952 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2022
CORAM
The Honourable Mr. Justice P.N.PRAKASH
and
The Honourable Mrs. Justice R.HEMALATHA
H.C.P.(MD)No.952 of 2022
S.Raiman Beevi .. Petitioner /mother of the
detenu
Vs.
1.The Principal Secretary to Government of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
Madurai City, Madurai.
3.The Superintendent of Prison,
Central Prison,
Madurai District .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus to call for the records relating to the detention order
passed by the 2nd respondent in No.56/BCDFGISSSV/2021 dated
31.10.2021 and quash the same and direct the respondents to produce the
body or person of the detenue namely, Riswan Ali, S/o.Samsudeen, aged
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HCP(MD)No.952 of 2022
about 23 years (now detained at Central Prison, Madurai) before this Court
and set him at liberty.
For Petitioner : Mr.S.Krishnan
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by R.HEMALATHA, J.]
The petitioner is the mother of the detenu viz., Riswan Ali, aged
about 23 years, S/o.Samsudeen. The detenu has been detained by the second
respondent by his order in No.56/BCDFGISSSV/2021 dated 31.10.2021
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.
2. We 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.
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HCP(MD)No.952 of 2022
3. The detention order in this case has been clamped on the detenu
based on a solitary incident in S.S.Colony Police Station Crime No.
818/2021 for offences under Sections 341, 302, 506(ii) IPC on the ground
that the detenu is a Goonda. Though in the light of the Full Bench judgment
of this Court in Arumugam v. State of Tamil Nadu (2001 (4) CTC 353), a
solitary incident, if it is capable of threatening the public order, can be the
basis for the detention of a person. In this case, the averments in Crime No.
818/2021 does not disclose that public order was threatened. A reading of
the FIR in Crime No.818/2021 shows that around 10.15 p.m. on 20.08.2021,
the detenu herein along with one Gurumoorthy had attacked the deceased
beneath a tree in the outskirts of the village and on seeing the complainant
and others, they ran away. Thus, there is no material to infer that the
solitary incident had the propensity to disturb the public order for the
detaining authority to arrive at a subjective satisfaction that the detenu
deserves to be detained as a Goonda under Act 14 of 1982.
4. In the result, the Habeas Corpus Petition is allowed and the order
of detention in No.56/BCDFGISSSV/2021 dated 31.10.2021 passed by the
second respondent is set aside. The detenu, viz., Riswan Ali,
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HCP(MD)No.952 of 2022
S/o.Samsudeen, aged about 23 years, is directed to be released forthwith
unless his detention is required in connection with any other case.
(P.N.P.,J.) (R.H.,J.)
28.07.2022
Index : Yes/No
Internet : Yes
RR
To
1.The Principal Secretary to Government of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
Madurai City, Madurai.
3.The Superintendent of Prison,
Central Prison,
Madurai District
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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HCP(MD)No.952 of 2022
P.N.PRAKASH,J.
and
R.HEMALATHA,J.
RR
H.C.P.(MD)No.952 of 2022
28.07.2022
https://www.mhc.tn.gov.in/judis
