No Law Can Say That Only A Paragon Of Virtues Can Be Paid Compensation: Madras HC Grants Compensation To History Sheeter For Illegal Detention
The Madras High Court allowed a Writ Petition filed under Article 226 of the Constitution seeking compensation for the detention not backed by law.

The Madras High Court granted Rs. 50k in compensation to a history-sheeter for his illegal detention while holding that no law can say that only a paragon of virtues can be paid compensation while others are not entitled to it.
The Court allowed a Writ Petition filed by the Petitioner under Article 226 of the Constitution seeking compensation for his detention not backed by law. The Petitioner had been detained under the Tamil Nadu Act 14 of 1982 following an Order issued by the District Collector.
A Single Bench of Justice N Anand Venkatesh explained, “The fundamental right guaranteed under Article 21 of the Constitution of India only uses the word “Person” and it does not distinguish between a good person and a bad person. No law can say that only a paragon of virtues can be paid compensation and others are not entitled for the same. Such stand taken by the respondents is wholly unsustainable and it violates the fundamental right that has been given to a person under Article 21 of the Constitution of India.”
Advocate S. Karthik represented the Petitioner, while Additional Advocate General Veera Kathiravan appeared for the Respondents.
Brief Facts
The Petitioner was detained pursuant to a detention Order passed under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum- Grabbers, Act, 1982 (the Act).
The Advisory Board reviewed the matter and concluded that there was no sufficient cause for the detention. This recommendation was received by the Government and the process for approval began. Even though the required approvals were completed, the detention order was revoked three months after that.
The Petitioner filed the Writ Petition under Article 226 of the Constitution, seeking compensation of Rs. 10 Lakh for his illegal detention.
Court’s Reasoning
The High Court remarked that the fundamental rights guaranteed under Article 21 of the Constitution only used the word “Person” since it does not distinguish between a good person and a bad person.
The Bench stated that there was absolutely no justification to detain the Petitioner even after the advisory board found that there was no justification to continue his detention. “Once this Court comes to the conclusion that there is illegal detention, the petitioner will be entitled for payment of compensation. This is based on the latin maxim Ubi jus ibi remedium which means that where there is a right, there is a remedy,” it remarked.
Consequently, the Court ordered, “In the light of the above discussion, there shall be a direction to the respondents to pay a compensation of a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the petitioner within a period of four weeks from the date of receipt of a copy of this order.”
Accordingly, the High Court allowed the Petition.
Cause Title: R. Eswaran v. The Government of Tamil Nadu & Anr.
Appearance:
Petitioner: Advocate S. Karthik
Respondents: Additional Advocate General Veera Kathiravan; Additional Public Prosecutor S.Ravi