Madras High CourtHCP/253/2025allowed

Prema v. The State Of Tamil Nadu Rep.By Its

2025-06-12Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Prema ... Petitioner Vs.

1.The State of Tamil Nadu rep. by its Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate Office of District Collector and District Magistrate Coimbatore District 3.The Superintendent of Prison Central Prison Coimbatore 4.The Superintendent of Police Office of the Superintendent of Police Coimbatore 5.The Inspector of Police Kovilpalayam Police Station, Coimbatore District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records relating to petitioner's son detained under Tamil Nadu Act 14 of 1982 vide detention order, dated 20.10.2024 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.62/G/2024 "Goonda" dated 20.10.2024, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son namely Nandhakumar @ Nandha, S/o.Muruganantham, aged 22 years before this Court and set him at liberty from detetion, now the petitioner's son confined at Central Prison, Coimbatore.

For Petitioner : Mr.Deepan Uday For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and V.LAKSHMINARAYANAN, J.

The petitioner herein, who is the mother of the detenu, viz. Nandhakumar @ Nandha, aged 22 years, S/o.Muruganandham, confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 20.10.2024 slapped on her son, branding her as "Goonda" under 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 [Tamil Nadu Act 14 of 1982].

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. 3.Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, she has mainly focused his argument on the ground that the arrest intimation furnished to the detenu has not been translated. In this circumstances, learned counsel for petitioner stated that serious prejudice has been caused to the petitioner for making effective representation.

4. On a perusal of the Booklet, it is seen that the detenue has not been furnished with a copy of the arrest intimation. Since a specific stand has been taken that serious prejudice is caused to the petitioner to make effective representation, this Court finds that the failure to furnish a proper translated copy of the Arrest Card and Arrest Intimation Form, vitiates the Detention Order.

5. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenu should be afforded an opportunity of making representation effectively against the Detention Order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. In the said context, the Hon'ble Supreme Court has held in Paragraphs 9 and 16 {as in SCC journal} as follows: "9.However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention.

Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order.

finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language.

.....

16.For the above reasons, in our view, the non-supply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed."

6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.

7. Hence, for the aforesaid reasons, the detention order passed by the second respondent on 20.10.2024 in Cr.M.P.No.62/G/2024, is hereby

set aside and the Habeas Corpus Petition is allowed. The detenu viz. Nandhakumar @ Nandha, aged about 22 years, S/o.Muruganantham, presently confined in Central Prison, Coimbatore is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.

[M.S.R, J.] [V.L.N, J.] 12.06.2025 kas Index: Yes/No To 1.The Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Chennai-600 009.

5.The Inspector of Police Kovilpalayam Police Station, Coimbatore District 6.The Public Prosecutor, High Court of Madras Chennai 600 104

M.S.RAMESH, J.

AND V.LAKSHMINARAYANAN, J.

kas 12.06.2025