H.C.P.No.829 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.829 of 2023

Gullsanafer

W/o.Ziauddin Khan

.. Petitioner/Niece of detenu

Vs.

1.State of Tamilnadu,

Rep by Secretary to Government,

Prohibition and Excise Department

Secretariat,

Chennai – 600 009

2.The District Magistrate and District Collector,

Cuddalore District,

Cuddalore.

3.The Superintendent of Police,

Cuddalore District,

Cuddalore.

4.The Superintendent,

Special Prison for Women, Vellore,

Vellore District.

5.The Inspector of Police,

Vadalore Police Station,

Cuddalore District.

.. Respondents

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H.C.P.No.829 of 2023

Petition filed under Article 226 of the Constitution of India praying for

issuance of a writ order or direction in the nature of WRIT OF HABEAS

CORPUS, call for the records relating to the detention order passed by the

second respondent in Proceedings C3/D.O./03/2023 dated 20.03.2023

against the petitioner's Aunty Selvi.Megarunisha, D/o.Abdul Subhan aged 67

years, who is now confined at Special Prison for Women, Vellore and set

aside the same and direct the respondents to produce her before this Court

and set her at liberty.

For Petitioner

: Mr.M.Devaraj

For Respondents : Mr.E.Raj Thilak

Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,]

Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has

been filed by niece of the detenu assailing a 'preventive detention order dated

20.03.2023 bearing reference No.C3/D.O./03/2023' [hereinafter 'impugned

preventive detention order' for the sake of convenience and brevity] made by

second respondent (hereinafter 'detaining authority' for the sake of

convenience). To be noted, fifth respondent is the sponsoring authority.

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H.C.P.No.829 of 2023

2. Impugned preventive detention order has been made under '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] on the premise that the detenu

is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.

3. There is one adverse case and one ground case. The ground case

which constitutes substantial part of substratum of the impugned preventive

detention order is Crime No.49 of 2023 on the file of Vadalur Police Station

for alleged offences under Sections 363 of 'The Indian Penal Code (45 of

1860)' [hereinafter 'IPC' for the sake of convenience and clarity] read with

Section 81 of 'Juvenile Justice Act, 2015' [hereinafter 'JJ Act' for the sake of

convenience and clarity]. Owing to the nature of the challenge to the

impugned preventive detention order, it is not necessary to delve into the

factual matrix or be detained further by facts.

4. Mr.M.Devaraj, learned counsel on record for petitioner and

Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all

respondents are before us.

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H.C.P.No.829 of 2023

5. In the support affidavit qua captioned HCP several points have

been raised but in the final hearing Mr.M.Devaraj, learned counsel for HCP

petitioner drew the attention of this Court to a portion of paragraph 5 of the

grounds of impugned preventive detention order and the same reads as

follows:

'5. I am aware that Selvi.Megarunisha, D/o.Abdul Subhan has

been remanded in judicial custody upto 20.03.2023 and lodged at

Women Sub Jail, Cuddalore in connection with in Vadalur P.S.

Cr.No.49/2023 u/s 363 IPC, r/w Sec.81 of Juvenile Justice Act 2015.

I am aware