Sowmiya v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.01.2023
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH H.C.P.No.1189 of 2022 Sowmiya .. Petitioner Vs.
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai-9 2.The Commissioner of Police/Detaining Authority Tiruppur City, Tiruppur District.
3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
4. State Rep by its The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records relating to the petitioner`s husband detention under Tamil Nadu Act 14 of 1982 vide 1/5
detention order dated 02.06.2022 on the file of the second respondent herein made in proceedings memo C.No.44/G/IS/Tiruppur City / 2022 Quash the same as illegal and consequently direct the respondents herein to produce the petitioner`s husband namely KALEESHWARAN S/o.Ramu aged 25 years before this Court and set the petitioner`s husband at liberty from detention now the petitioner`s husband detained at Central Prison, Coimbatore.
For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] The petitioner is the wife of the detenu viz., Kaleeshwaran aged about 25 year, S/o.Kaleeswaran. The detenu has been detained by the 2nd respondent by his order dated 02.06.2022 in C.No.44/G/IS/Tiruppur City 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 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 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.120 and 121 of the booklet, it is clear that the arrest intimation 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 3/5
detention in C.No.44/G/IS/Tiruppur City dated 02.06.2022, passed by the 2nd respondent is set aside. The detenu viz., KALEESHWARAN S/o.Ramu aged 25 years , is directed to be released forthwith, unless his detention is required in connection with any other case.
[P.N.P., J.] [N.A.V., J.] 09.01.2023 rka 4/5
P.N.PRAKASH, J.
AND N.ANAND VENKATESH, J.
rka To
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai-9 2.The Commissioner of Police/Detaining Authority Tiruppur City, Tiruppur District.
3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
4. State Rep by its The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.
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