A.Shakila Beevi v. The State Of Tamilnadu Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 650 of 2020 S.Shakila Beevi ... Petitioner -vs1.The State of Tamilnadu Rep by Secretary to Government Home Prohibition and Excise Department Fort St.George, Chennai 600 009.

2.The Commissioner of Police Tiruppur, Tiruppur District 3.The Superintendent of Police Central Prison, Coimbatore.

4. The State Rep. by Inspector of Police, Law and Order, North Police Station, Tiruppur City.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records relating to the detention order passed by the second respondent pertaining to the order made in C.No.15/G/IS/2020 dated 04.03.2020 in detaining the detenu under 2 (f) of the Tamilnadu Act 14 of 1982, as a Goonda and quash the same and to direct the 3rd respondent to produce the detenu Abdul Kadhar, S/o.Mohamed Ali, male, aged about 41 years, who is detained at Central Prison, Coimbatore before this Court and set him at liberty.

For Petitioner : Mr.S.Nagarajan For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of Abdul Kadhar, S/o.Mohamed Ali, male, aged about 41 years, who is the detenu. The detenu has been detained by the second respondent by his order in C.No.15/G/IS/2020 dated 04.03.2020, 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 Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

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 post-mortem certificate has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on this sole ground, 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.117 of the booklet, it is clear that the post-mortem certificate has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.15/G/IS/2020 dated 05.03.2020, passed by the second respondent is set aside. The detenu, namely, Abdul Kadhar, S/o.Mohamed Ali, male, aged about 41 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government Home Prohibition and Excise Department Fort St.George, Chennai 600 009.

2.The Commissioner of Police Tiruppur, Tiruppur District 3.The Superintendent, Central Prison, Coimbatore.

4. The Inspector of Police, Law and Order, North Police Station, Tiruppur City.

5. The Joint Secretary to Government Public (L&O) Fort St.George, Chennai.

6. The Public Prosecutor, High Court, Madras.

Rld(co) krd 2/11 H.C.P. No. 650 of 2020