R.Pushparani v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.449 OF 2022 Pushparani W/o.Ravi .. Petitioner Vs.
1. The Secretary, Prohibition and Excise Department (Home), Government of Tamil Nadu, Fort St.George, Chennai - 9.
2. The Commissioner of Police, Salem City, Salem.
3. The Superintendent of Central Prison, Salem Central Prison, Salem.
4. The Inspector of Police, Suramangalam Police Station, Salem Town.
.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for records in detention order passed in C.M.P.No.33/Goonda/Salem City/2021 dated 24.05.2021 by the second respondent herein and quash the same and direct the respondents herein to produce the body of the detenu, namely, Premkumar @ Kondaiyan s/o.Ravi, aged about 20 years, who is now confined in Central Prison, Salem, before this Court and set him at liberty.
For Petitioner :
Mr.A.Mohamed Ismail For Respondents :
Mr.M.Babu Muthu Meeran Additional Public Prosecutor
ORDER
[Made by A.A.NAKKIRAN, J] The petitioner is the mother of the detenu viz., Premkumar @ Kondaiyan s/o.Ravi, aged about 20 years. The detenu has been detained by the second respondent by his order in C.M.P.No.33/Goonda/Salem City/2021 dated 24.05.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of the 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 Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3. Though 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 pertaining to the ground case has not been fully translated in vernacular language. 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.86 of the booklet, it is clear that the arrest intimation pertaining to the ground case has not been fully 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.33/Goonda/Salem City/2021 dated 24.05.2021 passed by the second respondent is set aside. The detenu, viz., Premkumar @ Kondaiyan s/o.Ravi, aged about 20 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gm
To
1. The Secretary, Prohibition and Excise Department (Home), Government of Tamil Nadu, Fort St.George, Chennai - 9.
2. The Commissioner of Police, Salem City, Salem.
3. The Superintendent of Central Prison, Salem Central Prison, Salem.
4. The Inspector of Police, Suramangalam Police Station, Salem Town.
5. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.
6. The Public Prosecutor, High Court, Madras.
+1cc to M/s.A.Mohamed Ismail, Advocate, S.R.No.30119 H.C.P.No.449 of 2022 VSNII(CO) RLP(02/05/2022)