THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) H.C.P.No. of 2024 GENGADEVI, F/A.54 Years, 3 weeks notice

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

H.C.P.No. of 2024

GENGADEVI, F/A.54 Years,
W/o. Dhamotharan,
No./87B, Erikarai Salai,
Kotturpuram,
Chennai-600085. ..Petitioner/Mother of Detenu.

Versus

1. The Secretary to the Government
Government of Tamil Nadu
(Home) Prohibition and Excise Department
Secretariat, Fort St. George,
Chennai – 600 009.

2. The Commissioner of Police,
Greater Chennai.

4. The Inspector of Police,
All Women Police Station,
Kotturpuram, Chennai.

5. The Superintendent of Prison,
Central Prison,
Puzhal, Chennai ..Respondents

AFFIDAVIT OF GENGADEVI

I, Gengadevi, wife of Dhamotharan,, Hindu, aged about 54 years, residing at No./87B, Erikarai Salai, Kotturpuram, Chennai-600085, do hereby solemnly affirm and sincerely state as follows:

1. I am the Petitioner herein and mother of the Detenu and as such I am well acquainted with the facts of the case.

2. I state that my son by name Gnanasekar son of Dhamodharan was detained under the Tamil Nadu Act 14/82 at Central Prison, Puzhal, Chennai.

3. I state I am filing this writ of Habeas Corpus
Petition before this Hon’ble court to set aside the order of
Detention passed by the 2nd respondent herein viz the Commissioner of Police, Greater Chennai in Memo No.01/BCDFGISSSV/2025 dated 05.01.2025 stating that the activities of the Detenu are prejudicial to the maintenance of the public peace and public order.

4. I state that the 2nd Respondent herein has passed the Order of Detention against my son under the Tamil Nadu Act 14/82 in Memo No.01/BCDFGISSSV/2025 dated 05.01.2025designing him as “SEXUAL OFFENDER” and directing that he should be detained in Central Prison, Chennai.

5. I state that the order of detention is totally misuse of power under the Act passed with a mala-fide intention and also there is no necessity to pass the said detention order against my son, my son has not indulged in any illegal activities and my son has never acted in any manner prejudicial to the maintenance of the public peace, tranquility and public order. Hence, the order of detention passed by the 2nd respondent herein against my son is liable to set aside following among other
GROUNDS

a. The Order of Detention passed against my son by the 2nd Respondent herein is illegal and improper and against the principles of natural justice. The Order of detention is bad in law and there is no compelling necessity to pass the order of detention against the Detenu.
b. The Detaining Authority failed to apply his mind at the time of passing the order of detention and the 2nd Respondent herein had passed the order of detention against my son without following the procedure established under the Act and without any proper application of mind.
c. The Detaining Authority failed to see that there is no material to show that the Detenu herein is a habitual offender for detaining him under the Act as “SEXUAL OFFENDER” and he never acted in any manner prejudicial to the maintenance of the public health and public order.

d. The Detaining Authority has no power to pass the Order of Detention against him Under Section 3(1) of the Act 14/82 and the Detaining Authority exceeded his jurisdiction in passing the said Order of Detention without any proper and valid reasons..

e. The Detaining Authority observed in his Grounds of Detention that there is an imminent real possibility of the Detenu by coming out on bail, since he has not moved any Bail Application in Ground Case in Crime No.03 of 2024 on the file of the Inspector of Police, Mayiladuthurai Police Station, cannot be a compelling reason in passing the Order of Detention against the Detenu herein and hence the order of detention is liable to set aside.

f. The detaining authority has failed to consider that there is no proximate or live connections between the acts complained of and the date of the detention order in adverse case in Crime NOs.114 of 2019, 279 of 2019 and 23 of 2024 was registered on 03.04.2019, 04.04.2019 and 23.02.2024 respectively and the ground was registered on 25.12.2024.

g. The Detaining Authority has failed to consider that the two adverse cases are in the year 2019 and very old cases, the third adverse case is clear put up one. Hence the above said cases are false and purposely created with intent to put the detenue in jail by way of preventive. Therefore the order of detention is liable to be set aside and there is no material to show that the public order was affected. Hence in this ground alone the detention order is liable to be set aside.

h. The Detaining Authority further failed to consider that the alleged Ground case in Crime No.442 of 2024 is false and purposely created with an intention to put the Detenu in the prison by way of Preventive Detention Act in the above said case alone and hence the Order of Detention is liable to be set aside.

h. The Detaining Authority further failed to consider that the Detenu was arrested with an mala-fide intention and the Order of Detention was passed against the Detenu is illegal and violating the Fundamental Rights as guaranteed under Article 21 of the Constitution of India and the Detaining Authority has acted against the Rule of Law and Democracy. Hence, the action of the Detaining Authority is totally unsustainable and illegal.

i. The Detaining Authority has mechanically passed the Order of Detention against the Detenu, which is not a bona-fide excise of power and it is clearly a mala-fide one. The sequences of facts recited clearly show that there is a wanton unjustified exercise of power to wreck vengeance. It is a serious misuse of power. The Detaining authority has also no material to show that due to the act of the Detenu public peace and tranquillity was affected.
j. It is submitted that the Detaining Authority has not perused all the material documents and the Sponsoring Authority has not placed all the materials and vital documents before the detaining authority for his subjective satisfaction at the time of passing the Order of Detention and hence the Order of Detention is illegal, improper and the same is liable to be set aside.

k. It is submitted that it is incumbent on the part of the Respondents herein to satisfy this Hon’ble Court that Representation sent by the Petitioner herein to the concerned authorities was properly considered within a reasonable time. The Petitioner herein has requested some of the vital and material documents to make an effective Representation, but so for they have not been furnished to her and hence the fundamental rights of the Detenu as guaranteed under Article 22(5) of the Constitution of India have been infringed.

l. It is submitted that the Detaining Authority made an observation in the Grounds of Detention that, if the Detenu comes out on bail, he will indulge in further activities, which will be prejudicial to maintenance of the public order, is totally unwarranted and uncalled for. The Detaining Authority has not properly applied his mind at the time of passing the Order of Detention and hence, the Order of Detention is liable to set aside.

m. It is submitted that in any event the Order of Detention passed against my son by the 2nd Respondent herein is illegal, improper and devoid of any merits and the same is liable to be set aside.

n. It is submitted that the 2nd respondent herein has not applied his mind properly with regard to the materials placed before him and non-application of the mind of the Detaining Authority vitiates the order of detention.

6. I reserve my rights to raise additional grounds if any at the time of hearing of the said Habeas Corpus Petition.

7. I state that I have no other alternative efficacious remedy except to approach this Hon’ble court under Article 226 of the Constitution of India.
8. I have not filed any other H.C.P. before the Hon’ble High Court of Madras Madurai Bench regarding this case. This is the first application being moved before this Hon’ble court and no caveat notice received by my son as on date.

For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction and in more particularly writ in the nature of a WRIT OF HABEAS CORPUS, calling for the entire records connected with the Order of the 2nd respondent herein in Memo No.01/BCDFGISSSV/2025 dated 05.01.2025 passed against my son Detenu namely GNANSEKAR son of Dhamodharan aged about 37 years, as a “SEXUAL OFFENDER” who is confined at Central Prison, Puzhal, Chennai and set aside the same and consequently, directing the Respondents herein to produce the detenu, before this Hon’ble court and set him at liberty forthwith and pass such further or other orders as this Hon’ble Court may deem fit and proper and thus render justice.

Solemnly affirmed at Chennai Before me
on this the day of February
2025 and signed her name
in my presence.

Advocate:: Chennai