Madras High Court
Sarathi vs The Principal Secretary To Government on 4 June, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
HCP(MD)No.1222 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
HABEAS CORPUS PETITION(MD)No.1222 of 2024
Sarathi ... Petitioner
vs.
1. The Principal Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat,
Chennai-600009.
2. The Commissioner of Police,
Office of the Commissioner of Police,
Tiruchirappalli City.
3. The Superintendent of Prison,
Tiruchirappalli Central Prison,
Tiruchirappalli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Habeas Corpus, calling for the entire records,
connected with the detention order of the respondent No.2 in Detention
Order C.No.79/Detention/C.P.O/TC/2024 dated 25.07.2024 and quash
the same and to direct the respondents to produce the body or person of
the detenu by name Sarathi son of Parthiban, aged about 21 years, now
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HCP(MD)No.1222 of 2024
confining as ''Goonda'' at Tiruchirappalli Central Prison before this
Court and set him at liberty forthwith.
For Petitioner : Mr.R.Prakash
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The petitioner is the detenu viz., Sarathi son of Parthiban,
aged about 21 years. The detenu has been detained by the second
respondent by his order in C.No.79/Detention/C.P.O/TC/2024, dated
25.07.2024, 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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3. Though several grounds have been raised in the habeas
corpus petition, learned counsel for the petitioner focused mainly on the
ground that there is an unexplained delay in considering the
representation of the petitioner, dated 05.08.2024. According to the
learned counsel for the petitioner, though the representation is dated
05.08.2024, the same was received by the Government on 09.08.2024.
The Under Secretary dealt with the representation on 13.08.2024 and the
Deputy / Joint / Additional Secretary dealt with the representation on
27.08.2024. There is a delay of 7 days in Column Nos.8 and 9 of the
Proforma in considering the petitioner's representation. The said delay
of 7 days in considering the representation remains unexplained and the
same vitiates the impugned detention order. In support of his
contention, learned counsel for the petitioner relied on the Judgment of
the Honourable Supreme Court in Rajammal vs. State of Tamil Nadu,
reported in (1999) 1 SCC 417.
4. Learned Additional Public Prosecutor, on instructions,
submitted that after satisfying with the materials placed by the
Sponsoring Authority, the Detaining Authority has passed the
impugned detention order and there is no illegality or infirmity in the
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detention order. It is also stated that even if there is any delay in
disposal of the representation, it has not caused any prejudice to the
rights of the detenu and hence, prayed for dismissal of the habeas corpus
petition
5. As per the submission of the learned counsel for the
petitioner and on perusal of the records, we find that as per the proforma
submitted the by the learned Additional Public Prosecutor, there is a
delay of 7 days in Column Nos.8 and 9 in considering the representation
of the petitioner and we find that the said delay remains unexplained.
6. It is trite law that the representation should be very
expeditiously considered and disposed of with a sense of urgency and
without avoidable delay. Any unexplained delay in the disposal of the
representation would be a breach of the constitutional imperative and it
would render the continued detention impermissible and illegal. From
the records produced, we find that no acceptable explanation has been
offered for the delay of 7 days. Therefore, we have to hold that the delay
has vitiated further detention of the detenu.
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7. In the above cited decision of the Honourable Supreme
Court in Rajammal's case, it has been held as follows:
"It is a constitutional obligation of the
Government to consider the representation forwarded by
the detenu without any delay. Though no period is
prescribed by Article 22 of the Constitution for the
decision to be taken on the representation, the words "as
soon as may be " in clause (5) of Article 22 convey the
message that the representation should be considered and
disposed of at the earliest."
8. As per the dictum laid down by the Supreme Court in
above cited Rajammal's case, number of days of delay is immaterial and
what is to be considered is whether the delay caused has been properly
explained by the authorities concerned. But, in the instant case, the
inordinate delay of 7 days has not been properly explained.
9. Further, in a recent decision in Ummu Sabeena vs. State of
Kerala-2011 STPL (Web) 999 SC, the Honourable Supreme Court has
held that the history of personal liberty, as is well known, is a history of
insistence on procedural safeguards. The expression 'as soon as may be',
in Article 22(5) of the Constitution of India clearly shows the concern of
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the makers of the Constitution that the representation made on behalf of
the detenu, should be considered and disposed of with a sense of
urgency and without any avoidable delay.
10. In the light of the above discussion, we have no hesitation in
quashing the order of detention on the ground of delay on the part of the
Government in disposing of the representation of the petitioner.
11. In the result, the Habeas Corpus Petition is allowed and the
order of detention in C.No.79/Detention/C.P.O/TC/2024 dated
25.07.2024, passed by the second respondent is set aside. The detenu viz.,
Sarathi son of Parthiban, aged about 21 years, is directed to be released
forthwith, unless his detention is required in connection with any other
case.
[A.D.J.C., J.] [R.P., J.]
04.06.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
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To:
1. The Principal Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600009.
2. The Commissioner of Police,
Office of the Commissioner of Police,
Tiruchirappalli City.
3. The Superintendent of Prison,
Tiruchirappalli Central Prison,
Tiruchirappalli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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A.D.JAGADISH CHANDIRA, J.
AND
R.POORNIMA, J.
bala
ORDER MADE IN
DATED : 04.06.2025
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