Indhira v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.1222 of 2022 Indhira W/o.Santhanam ... Petitioner Vs.

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

2.The Commissioner of Police, Greater Chennai.

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

4.The Inspector of Police, Law and Order, J-5 Shastri Nagar Police Station, Chennai.

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

detention order passed by the second respondent pertaining to the order made in BCDFGISSSV No.28/2022 dated 02.03.2022 in detaining the detenu under 2(f) of Tamil Nadu Act 14 of 1982, as a Goonda and quash the same and direct the respondents to produce the detenu Vasanth @ Selvakumar s/o.Ramachandran, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai, before this Court and set him at liberty. For Petitioner :

Mr.G.Nirmal Krishnan For Respondents :

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

O R D E R

[Made by RMT. TEEKAA RAMAN, J.] The petitioner is the aunt of the detenu, Vasanth @ Selvakumar s/o.Ramachandran, aged about 23 years. The detenu has been detained by the second respondent by his order in BCDFGISSSV No.28/2022 dated 02.03.2022, 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. Learned counsel for the petitioner submits that page Nos.125 and 126 in the booklet furnished to the detenu are illegible. Learned counsel further submits that the same adversely has affected the detenu's right of making an effective representation.

4. Learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter.

5. When the documents furnished to the detenu are illegible, opportunity of clear understanding and making effective representation in keeping with Article 22(5) of the Constitution of India on such understanding is lost and the detenu is deprived thereof. This would vitiate the order of detention. For the aforesaid reasons, this Court would allow the present petition.

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In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.28/2022 dated 02.03.2022, passed by the second respondent is set aside. The detenu, viz., Vasanth @ Selvakumar s/o.Ramachandran, aged about 23 years, is directed to be released forthwith unless his detention is required in connection with any other case. [PNP, J.] [TKR, J.] 28.10.2022 Index: Yes/No gm To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

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

4.The Inspector of Police, Law and Order, J-5 Shastri Nagar Police Station, 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.1222 of 2022 28.10.2022 6/6