C.Vijayaraj @ Vijay v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.233 of 2025 C.Vijayaraj @ Vijay ... Petitioner/ the detenue Vs.

1. The State Rep By The Additional Chief Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Fort.St.George, Chennai.

2.The Commissioner Of Police And Detaining Authority, Coimbatore City, Coimbatore.

3.The Superintendent Central Prison, Coimbatore-18 4.Inspector Of Police Selvapuram Police Station, Coimbatore.

Cr.No.253 Of 2024.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to produce the petitioner/detenue C.Vijayaraj @ Vijay, S/o. Chandran, aged about 30 years presently confined at Central prison, Coimbatore, before this court and set the petitioner at liberty forthwith, after calling for the records pertaining to the detention order dated 28.11.2024 in C.No.125/G/IS/2024 passed by the 2nd respondent and quash the same.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.R.Muniyapparaj Additional Public proseuctor assisted by Mr.M.Sylvester John

ORDER

M.S.RAMESH, J.

AND N.SENTHILKUMAR, J.

The petitioner herein, who is the detenu namely C.Vijayaraj @ Vijay, S/o. Chandran, aged about 30 years presently confined at Central prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 28.11.2024 slapped on him, branding him 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 several grounds are raised in the petition, the learned counsel for the petitioner submitted that the order of Detention passed by the Detaining Authority is vitiated for material irregularities, as the copy of the arrest card of the co-accused has not been properly translated in Tamil. It is therefore stated that the detenu is deprived of his valuable right to make effective representation.

4. On a perusal of the Booklet in Volume-I, particularly, in page Nos.41 and 42, this Court finds that the copies of the arrest card of the coaccused are placed in both English and Tamil. However, some facts in the Tamil translated copy differ from the English version. Therefore, this Court is of the view that the improper translation of the copy of the vital

document relied upon by the Detaining Authority to arrive at a subjective satisfaction, would deprive the detenu of his valuable right to make effective representation. It is in the said circumstances, this Court finds that the Detention Order passed by the Detaining Authority is vitiated.

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. But it would not be so where the document merely 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 28.11.2024 in C.No.125/G/IS/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., C.Vijayaraj @ Vijay, S/o. Chandran, aged about 30 years presently confined at Central prison, Coimbatore, is directed to be set at liberty forthwith, unless he is required in connection with any other case. [M.S.R., J] [N.S., J] 05.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu

To 1.The Additional Chief Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Fort.St.George, Chennai.

2.The Commissioner Of Police And Detaining Authority, Coimbatore City, Coimbatore.

3.The Superintendent Central Prison, Coimbatore-18 4.Inspector Of Police Selvapuram Police Station, Coimbatore.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu H.C.P.No.233 of 2025 05.03.2025