Esthar v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 766 of 2020 Esthar ... Petitioner -vs1.The State of Tamilnadu, Rep. by its Secretary to Government Home Prohibition and Excise Department Fort St.George, Chennai 600 009.

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

3. The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

4. The Superintendent of Police Tiruvallur, Tiruvallur District.

5. The Inspector of Police, Uthukottai Police Station, Thiruvallur.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to call for the entire records leading to the detention of Petitioners son Praveen George, son of Soundaram @ Soundararajan, male, aged about 29 years, is presently lodged in Central Prison, Puzhal, Chennai has been detained under Act 14/82 as a Goonda vide detention order dated 27.02.2020 on the file of the second respondent herein, made in BCDFGISSSV No.04/2020 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from Central Prison, Puzhal, Chennai.

For Petitioner : Mr.H.Manivannan 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 mother of Praveen George, son of Soundaram @ Soundararajan, male, aged about 29 years, who is the detenu. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.04/2020 dated 27.02.2020, 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 remand order 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 Nos. 88 & 89 of the booklet, it is clear that the remand order 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 BCDFGISSSV No.04/2020 dated 27.02.2020, passed by the second respondent is set aside. The detenu, namely, Praveen George, son of Soundaram @ Soundararajan, male, aged about 29 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm

To 1.The Secretary to Government Home Prohibition and Excise Department Fort St.George, Chennai 600 009.

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

3. The Superintendent of Prison, Central Prison II, Puzhal, Chennai - 66.

4. The Superintendent of Police Tiruvallur, Tiruvallur District.

5. The Inspector of Police, Uthukottai Police Station, Thiruvallur.

6. The Public Prosecutor, High Court, Madras.

7. The Joint Secretary to Government, Public (law & Order), Fort Saint George, Chennai 9 H.C.P. No. 766 of 2020 JP(CO) GN(06/11/2020)