Madras High Court
Boomika vs State Of Tamil Nadu on 23 November, 2023
Author: S.S.Sundar
Bench: S.S.Sundar
HCP.No.1661/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.11.2023
CORAM
THE HONOURABLE MR . JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1661/2023
Boomika .. Petitioner
Versus
1.State of Tamil Nadu
rep.by its Secretary to Government
Home, Prohibition & Excise Department
Secretariat, Chennai-600 009.
2.The Commissioner of Police
Greater Chennai.
3.The Inspector of Police
Anti Vice Squad-I
Chennai.
4.The Superintendent
Central Prison, Puzhal, Chennai. .. Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for a Writ of Habeas Corpus calling for the records relating
1
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HCP.No.1661/2023
to petitioner's friend detention under Tamil Nadu Act 14 of 1982 vide
detention order dated 22.06.2023 on the file of the 2nd respondent herein
made in proceedings No.247/BCDFGISSSV/2023 and quash the same as
illegal and consequently direct the respondents herein to produce the
petitioner's friend namely Stephen, aged 31 years, son of Edwin Victor
before this Court and set him at liberty now petitioner's friend detained at
Central Prison, Puzhal, Chennai 600 066.
For Petitioner : Mr.C.C.Chellappan
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
assisted by Mr.Aravind.C
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
(1)The petitioner, friend of the detenu, has come forward with this petition
challenging the detention order passed by the 2nd respondent dated
22.06.2023 slapped on her friend, branding him as "Immoral Traffic
Offender" under the Tamil Nadu Act 14 of 1982.
(2)Heard the learned counsel for the petitioner and the learned Additional
Public Prosecutor appearing for the respondents.
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(3)The learned counsel for the petitioner though canvassed several points
before this Court, this Court is able to find some force in his submission
that there is no application of mind on the part of the Detaining Authority
in arriving at the subjective satisfaction that the detenu is likely to be
released on bail in the ground case by referring to an order passed in the
similar case in Crl.MP.No.2833/2023 by the learned IV Metropolitan
Magistrate, Saidapet, Chennai. Learned counsel submitted that the
Detaining Authority has referred to the above order passed in the similar
case in the Grounds of Detention, in particular, paragraph No.4, to hold
that the accused therein was released on bail. However, the said bail
order in the similar case is not furnished in the Booklet. Therefore, this
Court is of the view that the subjective satisfaction arrived at by the
Detaining Authority is based on material which has not been furnished to
the detenu. Even before this Court also, the order in
Crl.MP.No.2833/2023 is not furnished. Therefore, the subjective
satisfaction of the Detaining Authority is irrational and suffers from non
application of mind and on this ground, the Detention Order is liable to
be quashed.
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(4)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 considered a case where it is stated that in the grounds
of detention that relatives of detenu are taking action to take him on bail
in the criminal case in which the detenu was in remand and that in similar
cases, bail was granted by Courts. Since no details had been given about
the alleged similar cases in which bail was allegedly granted by the Court
concerned, it is held by Hon'ble Supreme Court that in the absence of
details, the statement which is mere ipse dixit, cannot be relied upon and
that itself is sufficient to 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 paragraphs No.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
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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.''
(5) 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.
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(6)Accordingly, the detention order passed by the 2nd respondent dated
22.06.2023 in No.247/BCDFGISSSV/2023 is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu is directed to be set at
liberty forthwith unless he is required in connection with any other case.
[S.S.S.R., J.] [S.M, J.]
23.11.2023
AP
Internet : Yes
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To
1.The Secretary to Government
State of Tamil Nadu
Home, Prohibition & Excise Department
Secretariat, Chennai-600 009.
2.The Commissioner of Police
Greater Chennai.
3.The Inspector of Police
Anti Vice Squad-I
Chennai.
4.The Superintendent
Central Prison, Puzhal, Chennai.
5.The Public Prosecutor
High Court, Madras.
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S.S.SUNDAR, J.,
AND
SUNDER MOHAN, J.,
AP
23.11.2023
https://www.mhc.tn.gov.in/judis
