E.SUBBULAKSHMI Vs. SECRETARY TO GOVT. & ORS.
LAWS(SC)-2016-11-52
SUPREME COURT OF INDIA
Decided on November 17,2016

E.Subbulakshmi Appellant
VERSUS
Secretary To Govt. And Ors. Respondents

JUDGEMENT

A.M.KHANWILKAR,J. - (1.) The detenu's mother filed a writ petition in the High Court of judicature at Madras bearing H.C.P. No.117 of 2016 challenging the Detention Order N.1227/BCDFGISSSV/2015 dated 04.12.2015. The principal contention pursued before the High Court was that the typed set of booklet furnished along with the impugned detention order to the detenu was illegible, in particular, the copy of the F.I.R. in respect of Crime No.598 of 2015 dated 18th March, 2015. The High Court negatived the said contention on the finding that the detenu did not make any representation to the Appropriate Authority nor brought the said fact to the notice of the concerned authority. Further, no such plea was taken in the writ petition. Another contention raised before the High Court that the name of the Judge has not been correctly mentioned in the remand orders supplied to the detenu, has also been rejected by the High Court on the finding that the same can be no ground to quash the detention order. No other contention was pursued before the High Court.
(2.) In the present special leave petition the petitioner has raised different grounds to challenge the impugned detention order. In the special leave petition and the application for urging additional grounds, following points have been urged, which were reiterated during the course of arguments: i) The detention order does not mention the specific period for which the same would operate and, therefore, it is vitiated. ii) There is no record to indicate that the next friend/family member of the detenu was informed about the factum of detention at the earliest opportunity. iii) The satisfaction recorded by the Detaining Authority is inter alia on the basis of a confessional statement which, however, does not bear the signature of the detenu and, therefore, could not have been relied upon. This has impacted the subjective satisfaction of the Detaining Authority. iv) Copy of the F.I.R. furnished to the detenu (at page Nos.7980 of the SLP paper book) is illegible and as a result of which the detenu was denied of an opportunity to make effective representation. v) The impugned detention order refers to the Government order dated 18th October, 2015 but copy of that document has not been furnished to the detenu, which is fatal to the continued detention of the detenu.
(3.) Taking the first point urged before us, the same deserves to be stated to be rejected. Inasmuch as the detention order has been issued by the Commissioner of Police in exercise of powers under Section 3(1) read with Section 3(2) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (for short, 'the Act of 1982'). The grounds of detention served on the detenu expressly mentions that the detention order shall remain in force for 12 days in the first instance. The proposal for confirmation of detention order was considered by the Appropriate Authority (Deputy Secretary to the Government dated 15th December, 2015 read with the order passed by the Deputy Secretary to the Government dated 29th February, 2016). That makes it amply clear that the detention period would continue up to 12 months. The initial detention order, upon confirmation thereof, would remain in force for a period of 12 months. Thus understood, the ground urged by the petitioner to challenge the detention of her son Murugan S/o. Esakkimuthu Thevar is devoid of merit.;


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