In a significant ruling, the Madras High Court has ordered the immediate release of Pradeep, a 29-year-old man detained under the Goondas Act, citing procedural lapses and lack of proper application of mind by the detaining authority. The judgment was delivered by Justice M.S. Ramesh and Justice V. Lakshminarayanan in the case of H.C.P. No.2828 of 2024.
The habeas corpus petition was filed by Malliga, the mother of the detenu, challenging the detention order passed by the Commissioner of Police, Greater Chennai, on 19.09.2024.
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Detention Lacked Due Process
The petitioner contended that the detention was carried out in an unlawful manner. The core argument was that the detaining authority received the proposal and related documents - running nearly 1000 pages - on the same day the detention order was issued. The Court found this claim credible, stating:
"It is humanly impossible for the authority to scrutinise such voluminous documents, apply mind to each aspect, and pass a reasoned order on the same day."
The Court rejected the submission of the Additional Advocate General that the proposal had been forwarded earlier, finding no evidence of such communication or its receipt by the detaining authority.
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The judges remarked:
"We fail to understand how approximately 14,000 pages related to 14 detenus in the same case could be reviewed in a single day."
The Court emphasized that such actions defeat the true purpose of preventive detention, which is based on subjective satisfaction and careful consideration of the detenu’s history, custody status, and likelihood of release or further unlawful activity.
Anticipating that the release might influence trial proceedings, the Bench issued a caution:
"Bail Courts should not consider quashing of preventive detention as a ground for granting bail. The criteria for bail are entirely different and must be assessed independently."
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The judgment cited various Supreme Court rulings, including Deepak Yadav vs. State of Uttar Pradesh and Prahlad Singh Bhati vs. State (NCT of Delhi), to underline the legal principles behind bail considerations and preventive detention.
Finding that the detention lacked proper scrutiny and application of mind, the Bench quashed the order:
"The detention order dated 19.09.2024 is set aside. Pradeep is to be released forthwith unless required in connection with any other case."
Case Title: Malliga vs. The Secretary to Government & Others
Case Number: H.C.P. No.2828 of 2024