Kiran Raj

The Madurai Bench of the Madras High Court directed the Tamil Nadu Government to pay ₹50,000 as compensation to a petitioner for unlawful detention. The court held that the petitioner was detained from January 5, 2022, to March 17, 2022, without legal justification, despite the Advisory Board’s earlier recommendation for release, thereby violating the petitioner’s constitutional rights under Article 21.

The petitioner filed a writ petition under Article 226 of the Constitution, seeking a writ of mandamus to direct the government to pay ₹10,00,000 as compensation for illegal detention. The detention order was issued on November 23, 2021, under the Tamil Nadu Act 14 of 1982 by the District Collector of Dindigul.

The Advisory Board examined the case on December 30, 2021, and determined that there was no sufficient cause for detention. The report was submitted to the government on December 31, 2021. However, the petitioner remained in custody until March 17, 2022, after a considerable delay in issuing the release order.

The government defended the delay, stating that procedural steps, including ministerial approvals, had to be completed. The approval process was finalized on January 4, 2022, but the release order was issued only on March 14, 2022. The petitioner contended that the detention beyond January 5, 2022, was illegal, as it violated the right to life and liberty under Article 21. The government also argued that the petitioner’s extensive criminal history, involving 25 cases, including 22 prior offenses, should be taken into account.

Justice N. Anand Venkatesh observed that the Advisory Board’s conclusion was binding on the government and required the petitioner’s immediate release. The court recorded: “Once such an opinion is given, it binds the Government, and the detenu has to be released at the earliest point of time.”

The court noted that while ministerial approval was completed on January 4, 2022, the release order was delayed until March 14, 2022, without any adequate explanation. It stated: “There is absolutely no explanation as to why there is a delay from 05.01.2022 till 17.03.2022.” The court held that this period constituted illegal detention.

Rejecting the government’s reliance on the petitioner’s criminal history, the court stated that constitutional protections under Article 21 are universal. The judgment observed: “The fundamental right guaranteed under Article 21 of the Constitution of India only uses the word ‘person’ and does not distinguish between a good person and a bad person.” The court stated that compensation for unlawful detention is not contingent on the individual’s background or past conduct.

The court also referred to the legal principle ubi jus ibi remedium (where there is a right, there is a remedy) and referred to the Supreme Court’s decision in D.K. Basu v. State of West Bengal (1997) 1 SCC 416, which upheld the awarding of compensation for violations of fundamental rights.

The court directed the Government of Tamil Nadu to pay ₹50,000 as compensation to the petitioner within four weeks of receiving the order. It held that this compensation was warranted as a legal remedy for the period of unlawful detention.

Case Title: R. Eswaran v. The Government of Tamil Nadu & Others
Case Number: W.P.(MD) No. 4804 of 2023
Bench: Justice N. Anand Venkatesh

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