S.Karpagam v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.420 of 2021 S.Karpagam .. Petitioner/Mother of the detenue Vs.

1. State represented by The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2. The District Magistrate and District Collector, Salem District, Salem.

3. The Superintendent of Police, Salem District, Salem.

4. The Superintendent of Prison, Central Prison, Salem.

5. The Inspector of Police, Yethapur Police Station, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records in C.M.P.No.06/GOONDA/C2/2021 dated 19.02.2021 on the file of the District Magistrate and District Collector, Salem District, Salem, the second respondents to produce herein and quash the same as illegal and direct the respondents to produce the detenu Vikki @ Vignesh, S/o.Sivanesan, aged about 31 years, now confined at Central Prison, Salem, before this Court and set him at liberty.

For Petitioner : Ms.S.Sengkodi For Respondents : Mr.R.Muniyapparaj, Govt.Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner is the mother of the detenu Vikki @ Vignesh, S/o.Sivanesan, aged about 31 years. The detenu has been detained by the second respondent by his order in C.M.P.No.06/GOONDA/C2/2021 dated 19.02.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3.

Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the arrest intimation has not been translated in vernacular language. He further submitted that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on these grounds, the detention order is liable to be quashed.

4.

On consideration of the submissions made on either side and upon perusal of the documents available on record especially Page No.184 of the booklet, it is clear that the arrest intimation has not been translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

In the result, the Habeas Corpus Petition is allowed and the order of detention in C.M.P.No.06/GOONDA/C2/2021 dated

19.02.2021, passed by the second respondent is set aside. The detenu, viz., Vikki @ Vignesh, S/o.Sivanesan, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar nsd To

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariate, Chennai-9.

2. The District Magistrate and District Collector, Salem District, Salem.

3. The Superintendent of Police, Salem District, Salem.

4. The Superintendent of Prison, Central Prison, Salem.

5. The Inspector of Police, Yethapur Police Station, Salem District.

6. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7. The Public Prosecutor, High Court, Madras.

H.C.P.No.420 of 2021 NR(CO) SU(03/09/2021)