Man set free over mismatch of names in detention order
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Man set free over mismatch of names in detention order
Kaushik Kannan | TNN | Jan 15, 2020, 04:10 IST
TNN
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Madurai: Setting aside a detention order passed by the Trichy district collector stating that the authority had passed it without properly applying his mind, the Madras high court has come to the aid of a man by setting him at liberty from prison.
The man’s wife, Kiruthiga had filed a habeas corpus petition before the high court Madurai bench early this year, seeking to set aside the detention order passed on June 23, 2019, branding her husband Sivakumar as ‘sand offender’ and sought to set him at liberty from the Trichy Central Prison, where he is lodged.
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The petitioner’s counsel R Rajaraman submitted that the collector had wrongly passed the detention order stating that there is serious material discrepancy. He submitted that in the English version of the detention order the name is mentioned as ‘Sivakumar’, however, in the Tamil version it was mentioned as ‘Prabhakaran’ who was driving the vehicle smuggling sand. Hence, it was not known who was driving the vehicle.
The additional public prosecutor K Dinesh Babu submitted that though the FIR mentioned about involvement of two vehicles, the lorry driven by Sivakumar alone was captured from the place of occurrence. Hence, he submitted that the detention order was passed by following due process of law.
On perusal of the submissions, a division bench of justice T Raja and justice B Pugalendhi observed that when a query was raised by the court whether Sivakumar or Prabhakaran was involved in smuggling, it was unable to get any plausible answer. Even in the counter affidavit, it is not mentioned as to who drove the vehicle.
“A perusal of the English and Tamil version of the detention order clearly shows that the detaining authority has not applied his mind. Therefore, it is difficult to find out whether it was Sivakumar or Prabhakaran, who was another accused in the case drove the vehicle and attempted to run over the officials. Hence, the claim of the petitioner that there was no proper application of mind in passing the detention order is accepted,” observed the judges. The judges directed the Trichy superintendent of central prison to release Sivakumar from the prison forthwith, unless his presence is required in connection with any other case.
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