Research › Search › Judgment

Madras High Court · body

2017 DIGILAW 3041 (MAD)

K. P. Selvaraj v. State of Tamil Nadu Rep. by its Secretary to Government

2017-09-06

A.SELVAM, P.KALAIYARASAN

body2017
ORDER : A.SELVAM, J. 1. This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the detention order passed in Memo No.245/BCDFGISSSV/2017 dated 09.05.2017 by the Detaining Authority against the detenu by name, Venkatesan, aged 35 years, Son of Selvaraj, residing at Sannadhi Street, Jayamkondam, Ariyalur District and quash the same. 2. The Inspector of Police, Anti Vice Squad, as Sponsoring Authority, has submitted an affidavit to the Detaining Authority, wherein it is averred to the effect that the detenu has involved in the following adverse case: (i) Anti Vice Squad, Crime No.14 of 2016, registered under Sections 3(2)a, 4(1) and 5(1)a of ITP Act. 3. Further it is averred in the affidavit that on 26.04.2017, one Kokarnam, Sub-Inspector of Police and other police officials in the place of occurrence, have watched a prostitution business. At that time, the detenu has approached him and also asked him as to whether he requires any lady for enjoyment and subsequently, the Sub-Inspector of Police has been taken to an isolated place and also shown a lady. The detenu and others have demanded a sum of Rs.3000/-. But the Sub-Inspector has told that he is not having sufficient money and for making out, he wants to go out and consequently, a case has been registered in Crime No.29 of 2017 under Section 3(2)a, 4(1), 5(1)a, 6(1) and 7(1) of ITP Act and ultimately, requested the Detaining Authority to invoke Act 14 of 1982 against the detenu. 4. The Detaining Authority, after perusing the averments made in the affidavit and other connected documents, has derived a subjective satisfaction to the effect that the detenu is a habitual offender and ultimately branded him as “Immoral Traffic Offender” by way of passing the impugned Detention Order and in order to quash the same, the present petition has been filed by the friend of the detenu as petitioner. 5. On the side of the respondents, counter has been filed, wherein, it is averred to the effect that most of the averments made in the petition are false. The Sponsoring Authority has supplied all the relevant materials to the Detaining Authority. 5. On the side of the respondents, counter has been filed, wherein, it is averred to the effect that most of the averments made in the petition are false. The Sponsoring Authority has supplied all the relevant materials to the Detaining Authority. The Detaining Authority after considering all the relevant materials and other connected papers, has arrived at a subjective satisfaction to the effect that the detenu is habitual offender and ultimately, branded him as “Immoral Traffic Offender” and the same does not call for any interference and therefore, the present petition deserves to be dismissed. 6. Learned counsel appearing for the petitioner has contended to the effect that on the side of the detenu, two representations are submitted, but the same have not disposed of without delay and therefore, the Detention Order in question is liable to be quashed. 7. Learned Additional Public Prosecutor has contended that the representations submitted on the side of the detenu are duly disposed of without delay and therefore, the contention urged on the side of the petitioner is liable to be rejected. 8. On the side of the respondents, a proforma has been submitted, wherein, it is clearly stated that in respect of first representation, in between column Nos.7 to 9, 5 clear working days are available and in between column Nos.12 and 13, 4 clear working days are available and no explanation has been given on the side of the respondents with regard to such delay and the same would affect the rights of the detenu guaranteed under Article 22[5] of the Constitution of India and therefore, the Detention Order in question is liable to be quashed. 9. In fine, this petition is allowed. The Detention Order dated 09.05.2017 passed in Memo No.245/BCDFGISSSV/2017 by the Detaining Authority against the detenu by name, Venkatesan, aged 35 years, Son of Selvaraj, is quashed and directed to set him at liberty forthwith, unless he is required to be incarcerated in any other case.