Hemalatha v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Hemalatha ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, Home, Prohibition & Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

3.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4.The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.

5.The Superintendent of Prison, Central Prison, Vellore.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records connected with the order of the 2nd respondent herein in D.O.No.14/2025-C2 dated 03.04.2025 against the petitioner's husband namely Muthukumar @ Muthu, aged about 29 years, S/o.Sankar, as a Goonda, who is confined at Central Prison, Vellore and set aside the same. Consequently, directing the respondents herein to produce the detenu before this Court and set him at liberty forthwith.

For Petitioner : Mr.A.Murugavel For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S. RAMESH, J.) The petitioner herein, who is the wife of the detenu namely Muthukumar @ Muthu, aged about 29 years, S/o.Sankar, has come forward with this petition challenging the detention order passed by the second respondent dated 03.04.2025 issued against her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous

Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. Though several points have been raised by the learned counsel for the petitioner, it is stated that the detention order is liable to be quashed on the ground that the detenu was furnished with improper translated copy of the arrest intimation. Hence, it is submitted that the detenu was deprived of making effective representation.

4. On a perusal of the Booklet particularly in page No.79 of Volume-II, it is seen that the arrest intimation is partially in Tamil and partially in English and its proper translated copy in vernacular language has not been furnished to the detenu. Therefore, this Court is of the view that the improper translation of the copy of the vital document relied upon

by the Detaining Authority to arrive at a subjective satisfaction, would deprive the detenue of his valuable right to make effective representation. It is in the said circumstances, this Court finds that the Detention Order passed by the Detaining Authority is vitiated.

5. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in the case of 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenu should be afforded an opportunity of making representation effectively against the Detention Order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. In the said context, the Hon'ble Supreme Court has held in Paragraphs 9 and 16 {as in SCC journal} as follows: "9.However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention. Whereas the non-supply of a copy of the document relied upon in

the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language.

.....

16.For the above reasons, in our view, the non-supply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed."

6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.

7. Accordingly, the detention order passed by the second respondent on 03.04.2025 in D.O.No.14/2025-C2, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Muthukumar @ Muthu, aged about 29 years, S/o.Sankar, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [M.S.R, J.] [V.L.N, J.] 10.07.2025 Index: Yes/No Speaking order/Non-speaking order Sni

To 1.The Secretary to Government, Government of Tamil Nadu, Home, Prohibition & Excise Department, Secretariat, Fort St.George, Chennai-600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

3.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4.The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.

5.The Superintendent of Prison, Central Prison, Vellore.

6.The Public Prosecutor, High Court, Madras.

7.The Joint Secretary, Public (Law & Order), Chennai - 600 009.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni 10.07.2025