A. Murugan vs The Secretary Department of Home

S. Rajeswaran, J.—The above petition has been filed by the petitioner, a Social Activist and next friend of the detenu V.Sundaramoorthy, S/o. Vedisamiyar, seeking direction to the respondents to produce the detenue V.Sundaramoorthy, S/o. Vedisamiyar, now confined at Circle Jail, Karaput District, Odisha and set him at liberty.

The case of the petitioner as stated in the affidavit filed in support of this petition is that the detenu V.Sundaramoorthy, S/o. Vedisamiyar, was a trial prisoner facing prosecution in Spl.CC.No.5/2013 on the file of the Special Court for POTA offences, Poonamallee, from 12.07.2007 and he was in the confinement in the Central Prison, Puzhal, Chennai, and due to his involvement in another case in Criminal Trial No.1/2013 on the file of the learned Additional Sessions Judge, Koraput, Odisha, he was transferred to the Central Prison, Koraput, where he faced the trial and ultimately, the said case ended in acquittal on 03.04.2014. Thereafter, the request made to the 2nd respondent herein to send the detenue along with the escort in order to take part in the proceedings in Special CC.No.5/2013 pending before the POTA Court did not evoke any response. Hence, the above petition has been filed by the petitioner with the aforesaid prayer.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. We have also gone through the documents made available on record.

Admittedly, the detenue Sundaramoorthy, S/o. Vedisamiyar, is a prisoner facing trial in Special CC.No.5/2013 before the Special Court for POTA offences. The detenu is also involved in another case in Criminal Trial No.1/2013 on the file of the learned Additional Sessions Judge, Koraput, Odisha. Hence, he was transferred to the Central Prison, Koraput District, Odisha, to face the trial. Ultimately, the said case ended in acquittal. Now, the detenu has to be brought back to the Central Prison, Puzhal, Chennai. That has not been done so. The detenue made a request on 20.05.2014 to the petitioner herein as the petitioner is a social activist, explaining about his position and his need to be brought before the POTA Court to face the trial. Hence, the present petition.

We are of the considered opinion that when a case in respect of the detenu is pending before the POTA Court, Poonamallee and when the detenu has been taken on PT Warrant to Odisha to face the trial in connection with another case, viz., in Criminal Trial No.1/2013, which appears to have been ended in acquittal and if the petitioner complains that the detenu has not been brought back to the Central Prison, Puzhal, then it is for the petitioner to approach the POTA Court by filing appropriate petition addressing his grievance, then that Court will pass appropriate orders for bringing the detenu from Odisha to the Central Prison, Puzhal, Chennai. This Court has no jurisdiction over the said issue and instead of approaching the POTA Court, the petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, which in our considered opinion, cannot be entertained. Hence, the petition is liable to be dismissed for want of jurisdiction.

Accordingly, the Habeas Corpus Petition is dismissed giving liberty to the petitioner to approach the appropriate Court seeking remedy in the manner known to law.