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Velumurugan v. The Commissioner Of Police
Factual and Procedural Background
This opinion addresses a habeas corpus petition challenging an order of detention dated 4.9.2004, which branded the detenu as a Goonda. The petitioner contended that the detaining authority failed to apply its mind regarding the imminent possibility of the detenu being released on bail.
Legal Issues Presented
- Whether the detaining authority properly considered the imminent possibility of the detenu being released on bail before passing the detention order under Tamil Nadu Act 14 of 1982.
- Whether the absence of an explicit expression regarding the imminent possibility of bail in the grounds of detention vitiates the detention order.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Kamarunnissa v. Union of India, 1991 (1) S.C.C 128; 1991 S.C.C (Cri) 88 | Requirement that the detaining authority must clearly express consideration of imminent possibility of bail before passing detention order. | Established that without clear expression on imminent bail possibility, detention order is not valid. |
| Rivadeneyta Ricardo Agustin v. Govt. of Delhi, 1994 Supp. (1) S.C.C 597; 1994 S.C.C (Cri) 354 | Reinforced the principle that the detaining authority must apply its mind to the likelihood of bail before issuing detention orders. | Confirmed that absence of such consideration vitiates the detention order. |
Court's Reasoning and Analysis
The court examined the grounds of detention and found only a mere reference to the possibility of bail, lacking an explicit statement regarding the imminent possibility of the detenu being released on bail. The court reiterated settled Supreme Court law requiring a clear expression of subjective satisfaction by the detaining authority about the imminent likelihood of bail. Since this essential requirement was absent, the court concluded that the detention order was vitiated and liable to be set aside.
Holding and Implications
The impugned order of detention is set aside and the habeas corpus petition is allowed. The detenu is to be released forthwith unless required in connection with another case. This decision directly affects the parties by invalidating the detention order but does not establish a new precedent beyond reaffirming existing Supreme Court principles.
M. Karpagavinayagam, J.
1. The order of detention dated 4.9.2004, branding the detenu as a Goonda, is challenged in this habeas corpus petition filed by the detenu, only on the ground that the detaining authority has not applied his mind with reference to the imminent possibility of the detenu being released on bail.
2. We have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents.
3. It is settled law as laid down by the Supreme Court in the decisions Kamarunnissa v. Union of India, 1991 (1) S.C.C 128 : 1991 S.C.C (Cri) 88 and Rivadeneyta Ricardo Agustin v. Govt. of Delhi, 1994 Supp. (1) S.C.C 597 : 1994 S.C.C (Cri) 354; that unless there is a clear expression by the detaining authority in the grounds of detention with reference to the imminent possibility of the detenu being released on bail by filing bail application, the detaining authority would not choose to pass the detention order. In order to prevent the detenu from committing the acts, which would be disturbance to public order and public health, the detaining authority shall consider the materials and on the basis of subjective satisfaction that there is imminent possibility of the detenu coming out on bail or likelihood of the detenu being released on bail, the detaining authority may pass such an order under Tamil Nadu Act 14 of 1982. When such an essential requirement, namely, the imminent possibility of the detenu coming out on bail, is absent, it has to be held that the order of detention is vitiated.
4. On going through the relevant paragraph of the grounds of detention, we only notice that there is a mere reference of the possibility of the detenu coming out on bail. Admittedly, the expression, in explicit terms about the imminent possibility of the detenu coming out on bail, is absent. In the absence of the said expression in the grounds of detention, we are to conclude that the impugned order of detention is liable to be set aside.
5. Accordingly, the impugned order of detention is set aside. The habeas corpus petition is allowed. The detenu is directed to be set at liberty forthwith, unless he is required in connection with any other case.
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