V. Revathy v. The Secretary to the Government of Tamil Nadu & Others
2005-10-24
A.R.RAMALINGAM, P.K.MISRA
body2005
DigiLaw.ai
Judgment :- (Writ of Habeas Corpus to call for the records relating to the detention order vide No.10/PDF GISV/05 dated 18.2.2005 on the file of the second respondent and set aside the same and set the detenu named V.Vasu who is detained as Immoral Traffic Offender at Central Prison, Madurai at liberty.) P.K. Misra, J. Heard the learned counsels appearing for the parties. 2. The order of preventive detention of the husband of the present petitioner is in challenge in the present Habeas Corpus Petition. The order of detention is under Act 14 of 1982 on the ground that the detenu has indulged in immoral trafficking of women. Even though several contentions have been raised, it is not necessary for us to refer to all those contentions as, in our opinion, the main contention of the petitioner is that the pre-detention representation made by the wife of the detenu on behalf of her husband has not at all been considered by the detaining authority before passing the order of detention. 3. From the material records, it appears that the wife of the detenu had made a pre-detention representation dated 12.2.2005 which had been received by the detaining authority on 14.2.2005. The order of detention was passed on 18.2.2005. Nothing is indicated in the detention order recording any consideration relating to such representation. In the counter affidavit also, nothing has been indicated as to whether such pre-detention representation was considered by the detaining authority. Such non-consideration of the pre-detention representation has the effect of vitiating the order of detention. This is the consistent view of the Madras High Court as apparent from several decisions such as (i) Mani V. The State Of Tamil Nadu, Etc. And Another (2000-1-LW (CRL.) 452; (ii) Kali V. State Rep. By Secretary To Government, Prohibition & Excise Departmetn, Etc. & Another (2002-1-LW (CRL.) 401; (iii) Suresh Kumar V. State, Etc. & Others (2004-1-LW (CRL.) 394. Following the aforesaid decisions, we quash the order of detention. 4. In the result, the Habeas Corpus Petition is allowed. The detenu will be released forthwith unless his presence is required in connection with any other case.