Madras High Court
Mangavaram vs The Chief Secretary To Government ... on 30 June, 2022
HCP No.1670 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2022
Coram:
The Honourable Mr. Justice S.VAIDYANATHAN
and
The Honourable Mr. Justice A.D.JAGADISH CHANDIRA
H.C.P.No.1670 of 2021
Mangavaram .. Petitioner
Vs.
1. The Chief Secretary to Government of Puducherry
Union of Puducherry
Chief Secretariat,
Puducherry.
2.The Secretary to Lieutenant Governor,
Rajnivas Puducherry.
3.The District Magistrate-cum-Authorised Officer,
Office of the District Magistrate,
1st Floor, Vazhadhavoor Road,
Kavundanpalayam
Puduchery - 605 009.
4.The Superintendent of Police (North)
Puducherry.
5.The Chief Superintendent of Jail
Central Prison, Kalapet,
Puducherry.
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HCP No.1670 of 2021
6.The Station House Officer,
Mettupalayam Police Station,
Puducherry.
7.The Special Secretary to Government of Puducherry,
Home Department, Government of Puducherry,
Chief Secretariat,
Goubert Avenue, Puducherry. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus to call for records relating to the detention order in
No.17/DM/RO/D2/PPASAA/2021, dated 23.09.2021 passed by the 3rd
respondent under the Puducherry Prevention of Anti Social Activities Act, 2008
(Act 10 of 2010) and set aside the same and direct the respondent to produce
the petitioner's son Tamizh @ Tamizharasan s/o.Segar aged about 31 years the
detenue, now confined in Central Prison, Kalapet, Puducherry before this
Court and set the petitioner's son Tamizh @ Tamizharasan s/o.Segar aged
about 31 years the detenue herein at liberty.
For Petitioner : Mr.U.Yuvaraj
For Respondents : Mr. V.Balamurugane
Public Prosecutor (Pondy)
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HCP No.1670 of 2021
ORDER
(Hearing was made through Hybrid Mode)
S.VAIDYANATHAN, J.,
and
A.D.JAGADISH CHANDIRA, J.,
The petitioner is the mother of the Tamizh @ Tamizharasan s/o.Segar
male aged about 31 years. The detenu has been detained by the third
respondent by his order in No.17/DM/RO/D2/PPASAA/2021 dated
23.09.2021, holding to be a "Dangerous Person", as contemplated under
Section 2(1) of Section 3 of the Puducherry Prevention of Anti Social Activities
Act, 2008 (Act 10 of 2010). 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.
3. The learned counsel for the petitioner would submit that the petitioner
was arrested in the ground case in Cr.No.84 of 2017 on the file of
Mettuplayam Police Station on 30.10.2017 and he was inside jail pending trial.
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HCP No.1670 of 2021
The case was posted for judgment on 23.09.2021 and the detention order was
also passed on the same day. However, without there being any material
available the detaining authority has stated that on 23.09.2021, the judgment
was pronounced and the counter petitioner/accused was acquitted from the
case and further he has also observed that the petitioner had decided to involve
in another brutal murder for money in Metupalayam Police limit, after the
counter petitioner/accused is released from the central prison. These
observation have been made by the detaining authority without any material
being placed before him, thereby subjective satisfactory arrived is not correct,
thereby vitiates the detention order.
4. The learned Public Prosecutor (Puducherry) would submit that the
petitioner is history sheeter involved in several cases, including one double
murder case and that on 23.09.2021, he was acquitted by the trial Court in the
case in Cr.No.84 of 2017 on the file of Metupalayam Police Station.
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HCP No.1670 of 2021
5. The perusal of records would show that at paragraph 2(vi) an
observation has been made by the detaining authority that the detenue has
decided to involve in another brutal murder in Metupalayam police limit, after
his release from Central Prison. However, no material has been placed by the
sponsoring authority to substantiate the same. Like so, the order has been
passed on 23.09.2021, thereby the detaining authority without any material
had pre-determined that the judgment was pronounced and the counter
petitioner/accused was acquitted from the case, without there being any
material placed before him, the subjective satisfactory arrived is bad and
thereby the detention order is vitiated.
6.It is a trite law that personal liberty protected under Article 21 of the
Constitution of India is so sacrosanct and so high in the scale of Constitutional
values that it is the obligation of the detaining authority to show that the
impugned detention meticulously accords with the procedure established by
law. Preventive detention is preventive and not punitive. When ordinary law
of the land is sufficient to deal with, taking recourse to the preventive detention
law is illegal. The impugned detention order is therefore liable to be quashed.
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HCP No.1670 of 2021
7. In the result, the Habeas Corpus Petition is allowed and the order of
detention in No.17/DM/RO/D2/PPASAA/2021 dated 23.09.2021, passed by
the third respondent is set aside. The detenu, namely, Tamizh @ Tamizharasan
male aged about 31 years, S/o.Segar is directed to be released forthwith unless
his detention is required in connection with any other case.
(S.V.N.,J.) (A.D.J.C.,J.)
30.06.2022
Index: Yes/No
tsh
To
1. The Chief Secretary to Government of Puducherry
Union of Puducherry
Chief Secretariat,
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HCP No.1670 of 2021
Puducherry.
2.The Secretary to Lieutenant Governor,
Rajnivas Puducherry.
3.The District Magistrate-cum-Authorised Officer,
Office of the District Magistrate,
1st Floor, Vazhadhavoor Road,
Kavundanpalayam
Puduchery - 605 009.
4.The Superintendent of Police (North)
Puducherry.
5.The Chief Superintendent of Jail
Central Prison, Kalapet,
Puducherry.
6.The Station House Officer,
Mettupalayam Police Station,
Puducherry.
7.The Special Secretary to Government of Puducherry,
Home Department, Government of Puducherry,
Chief Secretariat,
Goubert Avenue, Puducherry.
8.The Public Prosecutor (Pondicherry)
High Court, Madras.
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HCP No.1670 of 2021
S.VAIDYANATHAN, J.,
and
A.D.JAGADISH CHANDIRA, J.,
tsh
H.C.P.No.1670 of 2021
30.06.2022
https://www.mhc.tn.gov.in/judis
