V.Manjula v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1355 of 2024 V.Manjula ... Petitioner Vs.
1.
The Addl. Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009.
2.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Chennai District.
3.
The Superintendent of Prison, Central Prison at Puzhal, Chennai Dt.-600 066.
4.
The Inspector of Police, E-1 Mylapore Police Station, Greater Chennai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Detention Order in No.470/BCDFGISSSV/2024 dated 09.05.2024 on the file of 2nd respondent and set aside the same and direct the respondents herein to produce the body of the son of petitioner/detenue Mr.Ashok Kumar, S/o. Villavan, aged 32 years, now confined in Central Prison at Puzhal before this Court and set him at liberty. For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the Commissioner of Police, Greater Chennai in proceedings No. 470/BCDFGISSSV/2024, dated 09.05.2024 is sought to be quashed in the present Habeas Corpus Petition. 2.Admittedly, the known language to the detenue in the present case is 'Tamil'. The Government order conferring the power of the detaining authority to issue detention order was issued without translating the same in Tamil language. In other words, the Government Order furnished to the detenue is in unknown language to the detenue, which would vitiate the entire proceedings.
3.The non supply of translated version of the Government Order in Tamil caused prejudice to the detenue for submitting effective representation, which is a valuable right provided to the detenue under the Act. 4.Thus, the impugned order of detention in proceedings No. 470/BCDFGISSSV/2024, dated 09.05.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue viz., Ashok Kumar, S/o. Villavan, aged 32 years, now confined in Central Prison at Puzhal, is directed to be set at liberty forthwith, unless he is required in connection with any other case. [S.M.S., J.] [V.S.G., J.] 07.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No gd
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd To 1.
The Addl. Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009.
2.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Chennai District.
3.
The Superintendent of Prison, Central Prison at Puzhal, Chennai Dt.-600 066.
4.
The Inspector of Police, E-1 Mylapore Police Station, Greater Chennai.
H.C.P.No.1355 of 2024 07.08.2024