Selvi Denifa v. The State Of Tamil Nadu, Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.655 of 2021 Selvi Denifa W/o.Denifa ... Petitioner/Wife of the detenue Vs.
1.The State of Tamil Nadu, represented by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Salem City, Salem District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, Kitchipalayam Police Station, Salem District.
... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing to produce the body of the detenu Denifa s/o.Soori @ Sooriyamoorthi, aged about 40 years, presently confined at Central Prison, Coimbatore, before this Court and set him at liberty forthwith, after calling for the records pertaining to the detention order dated 26.03.2021 made in C.M.P.No.24/Goonda/Salem City/2021 passed by the second respondent and quash the same.
For Petitioner :
Mr.B.M.Subash For Respondents:
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Order of the Court was made by R.HEMALATHA, J] The petitioner is the wife of the detenu viz., Denifa s/o.Soori @ Sooriyamoorthi, aged about 40 years. The detenu has been detained by the second respondent by his order in C.M.P.No.24/Goonda/Salem City/2021 dated 26.03.2021, 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 remand extension order pertaining to the ground case has not been properly 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.332 of the booklet, it is clear that the remand extension order pertaining to the ground case has not been properly 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.24/Goonda/Salem City/2021 dated 26.03.2021 passed by the second respondent is set aside. The detenu, viz., Denifa s/o.Soori @ Sooriyamoorthi, aged about 40 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
gm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Salem City, Salem District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, Kitchipalayam Police Station, Salem District.
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 Mr.B.Mohan, Advocate Sr.51453 H.C.P.No.655 of 2021 bs[co] srg 08/10/2021