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2023 Supreme(Mad) 119

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Sundar, M.Nirmal Kumar, JJ.
Senthil kumar S/o. Kalyanasundaram - Petitioner
Vs.
The Principal Secretary to the Government Home Prohibition and Excise Dept., Secretariat, Chennai-600 009 - Respondent
H.C.P.Nos.1443, 1556 & 1602 of 2022
Decided On : 14-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Senthilvel, Mr.P.Muthamizh Selvakumar
For the Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor

Headnote:

Indian Penal Code, 1860 - Sections 341, 294(b), 397, 307, 506(ii) - Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand- offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 - Section 2(f) - To be noted, 'HCP shall be referred to as 'I HCP', 'HCP shall be referred to as 'II HCP' and 'HCP shall be referred to as 'III HCP' for sake of convenience and clarity - Held, Court perused booklets and showed it to learned Additional Public Prosecutor - There is no disputation, disagreement or contestation that Tamil translation of bail order in similar case has not been furnished to detenus - Therefore, Court have no difficulty in persuading ourselves to say that constitutional guarantee ingrained in Article 22(5) of Constitution of India i.e., right to make an effective representation has been infracted / impaired in case on hand and impugned detention orders are liable to be dislodged and set aside on this ground - HCPs allowed.

ORDER :

M.Sundar, J.

This common order will now dispose of the captioned 'Habeas Corpus Petitions' [hereinafter 'HCPs' in plural and 'HCP' in singular for the sake of brevity and convenience].

2. To be noted, 'HCP No.1443 of 2022' shall be referred to as 'I HCP', 'HCP No.1556 of 2022' shall be referred to as 'II HCP' and 'HCP No.1602 of 2022' shall be referred to as 'III HCP' for the sake of convenience and clarity.

3. I HCP has been filed by the brother of detenu in this Court on 22.07.2022 assailing a 'detention order dated 30.06.2022 bearing reference BCDFGISSSV No.99/2022' [hereinafter 'I impugned detention order' for the sake of convenience and clarity] made by the 'second respondent i.e., jurisdictional Commissioner of Police' [hereinafter 'Detaining Authority' for the sake of convenience and clarity].

4. II HCP has been filed by mother of detenu in this Court on 05.08.2022 assailing a 'detention order dated 30.06.2022 bearing reference BCDFGISSSV No.100/2022' [hereinafter 'II impugned detention order' for the sake of convenience and clarity] made by the 'second respondent i.e., jurisdictional Commissioner of Police' [hereinafter 'Detaining Authority' for the sake of convenience and clarity].

5. III HCP has been filed by mother of detenu in this Court on 05.08.2022 assailing a 'detention order dated 30.06.2022 bearing reference BCDFGISSSV No.98/2022' [hereinafter 'III impugned detention order' for the sake of convenience and clarity] made by the 'second respondent i.e., jurisdictional Commissioner of Police' [hereinafter 'Detaining Authority' for the sake of convenience and clarity]. To be noted, fourth respondent i.e., jurisdictional Inspector of Police is the Sponsoring Authority in all the three HCPs.

6. Mr.S.Senthilvel, learned counsel on record for petitioner in I HCP, Mr.P.Muthamizh Selvakumar, learned counsel on record for petitioner in II, III HCPs and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for all the respondents in all the three HCPs are before us.

7. All the aforementioned learned counsel before us submit in one voice that the captioned three HCPs pertain to co-accused in the same ground case and the three impugned detention orders that have been clamped on the three detenus are identical. Saying so, all learned counsel before us made a request to take up captioned three HCPs together and heard them out together. Request acceded to.

8. When the matter was taken up, we were also informed that HCP No.1443 of 2022 i.e., I HCP can be taken up as lead case and the same facts and grounds would apply to II and III HCPs also. Suffice to say that the impugned detention orders have been made by Detaining Authority branding each of the detenu as a 'Goonda' withing the meaning of Section 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity].

9. The short point is, in the impugned detention orders, the Detaining Authority has relied on what according to Detaining Authority is a similar case which is Crime No.994 of 2020 for alleged offences under Sections 341, 294(b), 397, 307 and 506(ii) of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity] on the file of S-6, Sankar Nagar police station and an order dated 24.11.2020 in Crl.M.P.No.3636 of 2020 made by learned Principal Sessions Judge, Kancheepuram District at Chengalpattu wherein bail has been granted to the accused in that case. On the basis of that order, the Detaining Authority has arrived at the subjective satisfaction that there is imminent possibility of the detenu being enlarged on bail.

10. Aforementioned order dated 24.11.2020 in Crl.M.P.No.3636 of 2020 i.e., similar case has been annexed qua grounds of detention in the bookle

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