IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2008 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.Nos.1098 to 1102 of 2007 Thangamani .. Petitioner in HCP No.1098/2007 Munusamy .. Petitioner in HCP No.1099/2007 Velammal .. Petitioner in HCP No.1100/2007 Thamarai Selvi .. Petitioner in HCP No.1101/2007 Priya .. Petitioner in HCP No.1102/2007 Vs 1.The State of Tamil Nadu, rep. By its Secretary Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The Commissioner of Police, Chennai Police, Egmore, Chennai. .. Respondents in all HCPs Petition filed under Article 226 of the Constitution of India for issue of Writ of Habeas Corpus; HCP.No.1098 of 2007 : To issue a writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the detention order in Memo.No.294/BDFGISSV/2007 dated 07.07.2007 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely Siva @ Sivapathy, S/o.Murugesan, No.2,Vettudai Kaliamman Koil Street, Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. https://hcservices.ecourts.gov.in/hcservices/ HCP.No.1099 of 2007 :To issue a writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the detention order in Memo.No.295/BDFGISSV/2007 dated 07.07.2007 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely Suresh Babu,S/o.Arumugam,No.5,13th Street, Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. HCP.No.1100 of 2007 : To issue a writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the detention order in Memo.No.296/BDFGISSV/2007 dated 07.07.2007 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely Natarajan,S/o.Ponnusamy,No.12,1st Street, Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. HCP.No.1101 of 2007 : To issue a writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the detention order in Memo.No.297/BDFGISSV/2007 dated 07.07.2007 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely Senthil,S/o.Mani,No.7-A,24th Street, Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. HCP.No.1102 of 2007 : To issue a writ of Habeas Corpus or any other appropriate writ or order or direction in nature of writ call for the records relating to the detention order in Memo.No.298/BDFGISSV/2007 dated 07.07.2007 on the file of the 2nd respondent and quash the same and directing the respondents to produce the Corpus of the detenu namely Shankar,S/o.Selvaraj, No.17,10th Street, Kannappasamy Nagar, Kavangarai, Chennai 600 066 (Now detained in Central prison, Puzhal, Chennai) before this Hon'ble Court and set him at liberty. For Petitioner : Mr.S.Kumara Devan For Respondents: Mr.N.R.Elango Addl. Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ O R D E R (Made by P.D.DINAKARAN,J.) The petitioners, immediate relatives of the detenus – Senthil, Sivapathy, Suresh Babu, Natarajan and Shankar, who were incarcerated at Central Prison, Chennai, by orders dated 7.7.2007 of the second respondent under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding them as Goondas, seek a writ of Habeas Corpus to call for the records in connection with the said orders of detention, to set aside the same and to direct the respondents to produce the detenus before this Court and set them at liberty. 2.1.The impugned orders of detention came to be passed based on the ground case registered in M-3 Puzhal Police Station Cr.No.316/2007 under Section 147, 148, 336, 341, 353, 506(2) and 307 IPC. On 19.06.2007, at about 15.00 hours, Sub Inspector of Police and his subordinate officers attached to the above mentioned police station were on a hunt to nab the accused concerned with Cr.No.314/2007 of that police station. A reliable information alerted them that the accused were standing at a bus stand. The police party rushed to the spot and found the accused standing. On seeing the police, the detenus indulged in all sorts of atrocities ranging from attacking the police with deadly weapons to throwing stones. The police personnel sustained grievous injuries in the attack. Taking advantage of the panic situation, the detenus fled from the scene. The detenus were arrested on 20.06.2007. 2.2.The Detaining Authority taking note of the ground case as well as the adverse cases of the detenus, having satisfied that there is compelling necessity to detain them in order to prevent them from indulging in such activities which are prejudicial to the maintenance of public order, clamped the impugned detention orders on the detenus. 3.The learned counsel for the petitioners challenges the impugned orders of detention on the ground of non application of mind on the part of the detaining authority, as the detaining authority had not considered the specific plea raised in the representations made on behalf of the detenus. In the respective representations, it is contended that on coming to know that the police are searching for the detenus in connection with a murder case, the detenus were produced before the police on 19.06.2007 itself whereas the police have shown that the detenus were arrested only on 20.06.2007. However, in the rejection order dated 20.08.2007, the Government has not adverted to this important contention but has simply rejected the representation. https://hcservices.ecourts.gov.in/hcservices/ 4.We have perused the entire materials placed before us. Even though in the grounds of detention, it was stated that the detenus were arrested on 20.6.2007 with respect to the ground case, in the representations made on behalf of the detenus, it has been specifically stated that the detenus were produced before the Police on 19.06.2007 itself. However, while passing the order of rejection dated 20.08.2007, the Government has not touched upon this important contention raised by the petitioners as to the arrest of the detenus. 5.We are, therefore, satisfied that the detaining authority had not taken note of the above fact, which shows the non application of mind on the part of the detaining authority. Accordingly, the orders of detention are vitiated and the same are set aside. The Habeas Corpus Petitions are allowed and the detenus are directed to be set at liberty forthwith unless their presence is required in connection with any other case. sra Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government (Home), Prohibition & Excise Department Secretariat, Chennai 9. 2. The Commissioner of Police, Chennai Police, Egmore, Chennai. 3. The Superintendent Central Prison, Chennai. 4. The Public Prosecutor High Court, Madras. 5. The Joint Secretary to Government, Public (Law and Order) Department, Fort St. George, Chennai-9. +5 ccs to Mr.S.Kumaradevan, Advocate Sr.No.654,655,756,657 and 658. ASM(CO) DCP/10.1 H.C.P.Nos.1098 to 1102 of 2007 https://hcservices.ecourts.gov.in/hcservices/