Prasanth@Ajith v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.01.2022
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Ms.JUSTICE R.N.MANJULA H.C.P.No.1178 of 2021 Prasanth @ Ajith .. Petitioner/Detenue Vs.
1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.District Collector & District Magistrate, Vellore District, Vellore - 9.
3.The Superintendent of Police, Vellore District, Vellore.
4.The Superintendent of Prison, Central Prison, Vellore.
5.The Inspector of Police, L & O, Katpadi Police Station, Vellore District.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 05.05.2021 in C3/D.O.No.31/2021 detenu Prasanth @ Ajith, Male, aged 22 years, S/o.Pandiyan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.
For Petitioner : Mr.S.Senthil Vel For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] The detenu himself is the petitioner herein. He has been detained by the 2nd respondent by his order dated 05.05.2021 in C3/D.O.No.31/2021, 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. We have also perused the records produced by the Detaining Authority.
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 arrest intimation has not been translated in vernacular language. He further submitted that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. 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.57 & 58 of the booklet, it is clear that the arrest intimation has not been 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 C3/D.O.No.31/2021 dated 05.05.2021, passed by the second respondent is set aside. The detenu, viz., Prasanth @ Ajith, S/o.Pandiyan, aged about 22 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar mtl
To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.District Collector & District Magistrate, Vellore District, Vellore - 9.
3.The Superintendent of Police, Vellore District, Vellore.
4.The Superintendent of Prison, Central Prison, Vellore.
5.The Inspector of Police, L & O, Katpadi Police Station, Vellore District.
6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.
7.The Public Prosecutor, High Court, Madras.
H.C.P.No.1178 of 2021 SR(CO) A.SK(07.01.2022)