1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.72 of 2011 Banumathy ... Petitioner Vs. 1.The Secretary to the Government of India, Ministry of Home Affairs, Department of Internal Security, North Block, New Delhi. 2.The Secretary to the Government, Public (Law and Order – F) Department, Secretariat, Chennai-9. 3.The District Magistrate and District Collector, Dindigul. 4.The Inspector of Police, Dindigul Town South Police Station, Dindigul. ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corupus calling for the records relating to the impugned detention order vide NSA detention order No.01/2010 dated 17.10.2010 on the file of the 3rd respondent and quash the same and direct the respondents to produce the body of detenue namely V.Dharmaraja @ Dharma aged 32 years son of Veluservai detained at Central Prison, Madurai before this Court. For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.S.R.A.Ramachandran For R1 Mr.Daniel Manoharan,APP For R2 and R3 ORDER (Order of this Court was made by G.M.AKBAR ALI,J.) The petitioner is the mother of the detenu. The detenu was termed as "anti-social element" who indulged in activities prejudicial to the maintenance of public order. The detention https://hcservices.ecourts.gov.in/hcservices/ 2 order was passed under Section 3(2) of National Security Act, 1980 (Central Act 65 of 1980) against him on 17.10.2010. 2.Mr.R.Venkateswaran, learned counsel for the petitioner would submit that the detaining authority has not applied his mind while considering the bail application filed by the detenue, which was dismissed on 14.10.2010 by the courts below. The learned counsel pointed out that this shows non applicability of mind of the detaining authority. He also adds that when the petition was dismissed in Crime No.1278 of 2010 on 14.10.2010, the detention order was passed immediately on 17.10.2010 which vitiates the proceedings. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State and perused the material available on record. 4.There are two adverse cases against the detenu. The first adverse case in Crime No.1186 of 2010 for an offence under Sections 294(b), 324 and 506(ii) I.P.C. and the detenue has not obtained any bail order. The second adverse case in Crime No.1195 of 2010 under Section 30(I)(1) of the Ancient Monuments and Archaeological Sites and Remains Act. The ground case was registered on 03.10.2010 on a complaint given by one R.Krishnamoorthy an attender at Dindigul Rock Fort. 5.Admittedly, the petitioner has moved a bail application in Crime No.1278 of 2010 which is the ground case and the same was dismissed on 14.10.2010. The detaining authority had stated that the petition was dismissed on 14.10.2010, however, there is a real possibility of the detenue coming out of bail by filing a bail application before the same court or higher court in the above cases. In our considered view, this shows non application of mind of the detaining authority and the detaining authority has failed to consider any cogent material to come to this conclusion. Moreover, while considering the adverse case also the detaining authority has stated that he has satisfied that the detenue is an anti-social element, who has been acting in the manner prejudicial to the maintenance of the public order contemplated under the National Security Act. Without cogent material, the detaining authority has passed the detention order, which vitiates and liable to be set aside. 6.Accordingly, the habeas corpus petition is allowed and the impugned order of detention, dated 17.10.2010, passed by the 3rd respondent in his NSA detention order No.01/2010, is quashed. The detenu is directed to to be set at liberty forthwith, unless his detention is required in connection with any other case. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to the Government of India, Ministry of Home Affairs, Department of Internal Security, North Block, New Delhi. 2.The Secretary to the Government, Public (Law and Order – F) Department, Secretariat, Chennai-9. 3.The District Magistrate and District Collector, Dindigul. 4.The Superintendent, Central Prison, Madurai 5.THe Director General of Police, Chennai-04 6.The Superintendent, District Jail, Dindigul 7.The Inspector of Police, Dindigul Town South Police Station, Dindigul. 8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One CC to Mr.S.R.A.Ramachandran, Advocate, SR.No.14312 +One Cc to Mr.R.Venkateswaran, Advocate, SR.No.14175 nbj rl/11c – 3.5.2011 H.C.P.(MD)No.72 of 2011 19.04.2011 https://hcservices.ecourts.gov.in/hcservices/