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2014 DIGILAW 1351 (MAD)

Thilagavathy v. State of Tamil Nadu

2014-06-14

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. The petitioner is the wife of detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in Memo No.929/BDFGISSV/2013 dated 07.09.2013. 2. The detenu came to adverse notice in the following cases : Sl.No. Police Station and Crime No. Sections of Law 1. M-5, Ennore Police Station, Crime No.540 of 2011 Section 302 IPC 2. M-5, Ennore Police Station, Crime No.1699 of 2013 Sections 294(b), 384 and 506(ii) IPC 3. M-6, Manali Police Station, Crime No.1146 of 2013 Sections 341, 294(b), 384 and 506(ii) IPC 4. M-7, Manali New Town Police Station, Crime No.728 of 2013 Sections 294(b), 384, 324, 307 and 506(ii) IPC The ground case alleged against the detenu is one registered on 27.08.2013 by the Inspector of Police, M-7, Manali New Town Police Station in Crime No.736 of 2013 for offences under Sections 341, 294(b), 336, 427, 392, 506(ii) r/w 397 IPC. Aggrieved by the order of detention, the present petition has been filed. 3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copy of the documents, annexed in the booklet, which has deprived the detenu to make his effective representation. He has also submitted that the said act of detaining authority is against the judgment of the Hon'ble Supreme Court in the case of Manjit Singh Grewal @ Gogi vs. Union of India and others, reported in 1990 (Supp) SCC 59 and therefore, on this sole ground, the detention order is liable to be quashed. 4. We have heard the learned Additional Public Prosecutor on the above submission. 5. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially Page Nos.1 to 3 and 23 to 29 of the booklet, it is clear that the detaining authority, by providing illegible copy of documents, which are copies of FIR in respect of 1st adverse case and depositions of two persons (Pg.Nos.23 to 29) in the same case, has taken away the rights of detenu to effectively defend himself against his detention. 6. 6. The Hon'ble Supreme Court in the case of Manjit Singh Grewal @ Gogi vs. Union of India and others (supra) has been pleased to hold as under : "3. It appears that the appellant had asked for certain copies of the documents, which admittedly were there with the respondent – Union of India. Copies of the documents were supplied, but the same were not legible. This position is also apparent. It is not necessary in the facts of this case to go into the question whether these documents were relevant or material. 4. In view of the fact that the copies of the documents were, in fact, supplied at the request of the appellant, but the copies supplied were illegible, we are of the opinion, that the safeguards provided by the Constitution have not been followed. In that view of the matter the decision of the High Court cannot be sustained and, therefore, is set aside. The Order of detention dated June 9, 1988 is quashed and the appellant be set at liberty unless he is required in respect of any other proceedings." 7. Thus, in the light of the above settled position, in view of supply of illegible copy of custody order and also considering the fact that safeguards provided by the Constitution have not been followed, the impugned detention order passed by the 2nd respondent, detaining the detenu Muthu @ Marimuthu, S/o. Kubendran, made in Memo No.929/BDFGISSV/2013 dated 07.09.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu, who is detained at the Central Prison, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case. 8. However, it is made clear that this order shall not preclude the authorities concerned to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.