Case Note & Summary
The petitioner, Pachaiyammal, mother of the detenu Ajithkumar, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challenging the detention order passed by the second respondent (District Magistrate, Kallakurichi) in D.No.C2/63/2024 dated 16.10.2024. The detenu was confined at Central Prison, Cuddalore. The court heard the learned counsel for the petitioner, Mr.S.Saravana Kumar, and the learned Additional Public Prosecutor, Mr.R.Muniyapparaj. The court noted that two adverse cases were registered in 2023 and relied upon for issuing the impugned detention order. However, those cases had no proximity with the ground case. Moreover, in the ground case, a charge sheet had already been filed through online by the police authorities. The court held that the ground case could be dealt with by the police authorities under ordinary law, and keeping the detenu under preventive detention law any longer was not required. Consequently, the court quashed the detention order and directed that the detenu be set at liberty forthwith unless required in connection with any other case.
Headnote
A) Preventive Detention - Proximity Requirement - Lack of Proximity Between Adverse Cases and Ground Case - Tamil Nadu Act 14 of 1982 - The detention order was quashed because two adverse cases from 2023 had no proximity with the ground case, and a charge sheet had already been filed in the ground case, making preventive detention unnecessary. (Paras 3-4)
Issue of Consideration
Whether the preventive detention order under the Tamil Nadu Act 14 of 1982 is sustainable when the adverse cases have no proximity with the ground case and a charge sheet has already been filed in the ground case.
Final Decision
The impugned order of detention passed by the second respondent in D.No.C2/63/2024 dated 16.10.2024 is quashed. The Habeas Corpus Petition is allowed. The detenu, Ajithkumar, S/o.Palanisamy, aged about 24 years, now confined in Central Prison, Cuddalore, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.
Law Points
- Preventive detention order quashed for lack of proximity between adverse cases and ground case
- charge sheet filed in ground case
- ordinary law sufficient
