H.C.P.(MD)No.1293 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 02.06.2023

Pronounced on : 22.06.2023

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

H.C.P.(MD)No.1293 of 2022

Harishpandi

.. Petitioner/Detenu

Vs.

1.The Principal Secretary to Government,

State of Tamil Nadu,

Home, Prohibition and Excise Department,

Fort St.George,

Chennai-600009.

2. The Commissioner of Police,

Office of the Commissioner of Police,

Madurai City,

Madurai.

3.The Superintendent of Prison,

Madurai Central Prison,

Madurai.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to

issue a writ of Habeas Corpus, to call for the entire records relating to the

Detention Order passed by the 2^nd

respondent in No.

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H.C.P.(MD)No.1293 of 2022

53/BCDFGISSSV/2022 dated 12.07.2022 and quash the same and direct

the respondents to produce the person or body of the detenu, by name,

Harishpandi, son of Poomari, aged about 21 years, now detained as

“Goonda” at Madurai Central Prison, before this Court and set him at

liberty forthwith.

For Petitioner

: Mr.R.Alagumani

For Respondents

: Mr.A.Thiruvadikumar

Additional Public Prosecutor

ORDER

K.K.RAMAKRISHNAN, J.

The detenu has involved in the crimes like extortion and robbery

etc., and hence he was arrested on 24.05.2022 in the ground case in

Crime No.231 of 2022. From the cases registered against the petitioner,

the detaining authority arrived at a subjective satisfaction that the detenu

habitually doing the offence of committing extortion and robbery, which

is detrimental to the social interest and slapped the impugned detention

order after following the due procedure and applying the statutory

requirement under the Tamil Nadu Prevention of Dangerous Activities of

Bootleggers, Cyber law offenders, Drug offenders, Forest-offenders,

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H.C.P.(MD)No.1293 of 2022

Goondas, Immoral Traffic Offenders, Sand offenders, Sexual-offenders,

Slum-grabbers and Video Pirates Act, 1982 (hereinafter called as “the

Tamilnadu Act 14 of 1982) by branding the detenu as 'GOONDA'.

Challenging the same, the petitioner has filed the present Habeas Corpus

Petition.

2. The learned counsel for the petitioner raised the following

points and seeks for the indulgence of this Court to quash the impugned

detention order:

2.1. Eventhough the petitioner was arrested on 24.05.2022, the

detention order was passed only on 12.07.2022 and hence, the 40 days

delay in passing the detention order has not properly explained by the

detaining authority and hence, the detention order is liable to be quashed.

2.2. The learned counsel for the petitioner submitted that he made

a request to give legal assistance before the Advisory Board by sending

representation dated 26.07.2022 and the same was not considered by the

Advisory Board. So, there is a violation of Article 22 of the Constitution

of India.

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H.C.P.(MD)No.1293 of 2022

3. Per contra, Mr.A.Thiruvadikumar, learned Additional Public

Prosecutor submitted that he is involved in number of cases and hence,

the delay in passing the detention order legally consumed time in order to

collect all the connected materials. Further, the Sponsoring Authority

collected materials consist of 354 pages from various sources and

translate the relied document in both vernacular as well as English and

thereafter prepared 11 number of booklets running pages around 3575

pages and each booklet contains 354 pages. Hence, the delay is bonafide

one. The learned Additional Public Prosecutor submitted that the detenu

has no right to seek the legal assistance before the Advisory Board, apart

from that the detenu did not annexed any proof for the proper

repre