Abdul Abis v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.935 of 2022 Abdul Abis S/o.Abdul Sathar ... Petitioner Vs.

1.State of Tamil Nadu represented by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tambaram City, Chennai.

3.The Inspector of Police, H-1 Otteri Police Station, Chengalpattu District.

4.The Superintendent, Central Prison, Puzhal, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the entire records relating to 1/6

petitioner's son's detention under Tamil Nadu Act 14 of 1982 vide detention order dated 21.04.2022 on the file of the second respondent herein made in proceedings BCDFGISSSV No.56/2022 and quash the same as illegal and consequently, direct the respondents herein to produce the said petitioner's son, namely, Mohammad Althaf (a) Appu s/o.Abdul Abis, aged 22 years, before this Court and set the petitioner's son at liberty from detention, who is now detained at Central Prison, Puzhal, Chennai - 600 066. For Petitioner :

Mr.C.C.Chellappan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by RMT. TEEKAA RAMAN, J.] The petitioner is the father of the detenu, Mohammad Althaf (a) Appu s/o.Abdul Abis, aged 22 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.56/2022 dated 21.04.2022, 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.

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2. We have heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 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 Nos.201 and 203 of the booklet, it is clear that the remand 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. 3/6

In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.56/2022 dated 21.04.2022, passed by the second respondent is set aside. The detenu, viz., Mohammad Althaf (a) Appu s/o.Abdul Abis, aged 22 years, is directed to be released forthwith unless his detention is required in connection with any other case. [PNP, J.] [TKR, J.] 31.10.2022 Index: Yes/No gm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Tambaram City, Chennai.

3.The Inspector of Police, H-1 Otteri Police Station, Chengalpattu District.

4.The Superintendent, Central Prison, Puzhal, Chennai.

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

6.The Public Prosecutor, High Court, Madras.

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P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

gm H.C.P.No.935 of 2022 31.10.2022 6/6