HCP.No.1480/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.10.2023

CORAM

THE HONOURABLE MR . JUSTICE S.S.SUNDAR

AND

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

H.C.P.No.1480/2023

Irudhaya Meri

..

Petitioner

Versus

1.The Additional Chief Secretary to Government

Home, Prohibition & Excise Department

Secretariat, Chennai 600 009.

2.The Commissioner of Police

Greater Chennai.

3.The Superintendent of Prison

Central Prison, Puzhal, Chennai-66.

4.The Inspector of Police [Law & Order]

N1 Royapuram Police Station

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 in

connection with the order of detention passed by the 2^nd respondent dated

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HCP.No.1480/2023

24.08.2023 in Memo No.189/BCDFGISSSV/2023 against the petitioner's

son Aravind, male, aged 28 years S/o.Kuselan, who is confined at Central

Prison, Puzhal, Chennai and set aside the same and direct the respondents to

produce the detenu before this Court and set him at liberty.

For Petitioner

:

Mr.P.Shakthivel

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

assisted by Mr.C.Aravind

O R D E R

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

(1)The petitioner, mother of the detenu Aravind aged 28 years, S/o.Kuselan,

has come forward with this petition challenging the detention order

passed by the 2nd respondent dated 24.05.2023 slapped on her son,

branding him as "Goonda" 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.

(3)Though several grounds are raised in the petition, the learned counsel for

the petitioner submitted that the order of Detention passed by the

Detaining Authority suffers from non application of mind as the Detaining

Authority relied upon the statement of the Sponsoring Authority that the

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HCP.No.1480/2023

relatives of the detenu are taking steps to file bail application in the

ground case. Whereas, in the Special Report, it is not stated so.

(4)On a perusal of the Grounds of Detention, in particular, paragraph No.4,

it is stated by the Detaining Authority as follows:-''I am aware that Thiru

Aravind is in remand in N1 Royapuram Police Station Cr.No.122/2023.

He has not moved any bail application for N1 Royapuram Police Station

Cr.No.122/2023. The sponsoring authority has stated that he came to

understand that the relatives of Thiru Aravind are taking steps to take

him out on bail by filing bail application in N1 Royapuram Police

Station Cr.No.122/2023 before the appropriate Court....''. However,

from a perusal of the Special Report of the Sponsoring Authority

addressed to the Detaining Authority, it is stated as follows:-''ghh;it 7y;

fz;l tHf;fpy; vjphp $hkPd; nfhUk; kD vija[k; ,Jtiu jhf;fy;

bra;atpy;iy/ nkYk; vjphp ghh;it 7y; fz;l tHf;fpy; chpa

ePjpkd;wj;jpy; $hkPd; nfhUk; kDit jhf;fy; bra;J $hkPdpy;

vLf;f Kaw;rp bra;J tUtjhf bjhpa tUfpwJ vd;gij

bjhptpj;Jf;bfhs;sg;gLfpwJ/'' It is to be noted that the Special Report of

the Sponsoring Authority is undated. Be that as it may, the Sponsoring

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HCP.No.1480/2023

Authority has stated that relatives are taking steps to file the bail application on

behalf of the detenu. The Detaining Authority now had stated that the detenu is

taking steps to file bail application which is mere ipse dixit. It is in the said

circumstances, this Court finds that the subjective satisfaction arrived at by the

Detaining Authority suffers from non-application of mind.

(5)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 i