Selvi v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1423 of 2024 Selvi ... Petitioner Vs
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2 The District Magistrate and District Collector, Tiruvallur District Tiruvallur.
3 The Superintendent of Police Thriuvallur District.
4 The Superintendent of Prison Central Prison II, Puzhal, Chennai-66.
5 The Inspector of Police Arumbakkam Circle, Thiruvallur District.
... Respondents
PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, Call for the records in connection with the order of detention passed by the second respondent dated 31.05.2024 in BCDFGISSSV No.16/2024 against petitioner's Son Ajay, Male aged 25 years S/o.Panchanathan who is confined at Central Prison, Chennai and set aside the same and direct the respondent to produce the detenue before the Honble Court and set him at liberty. For Petitioner : Mr.S.Senthilvel 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 District Magistrate and District Collector, Tiruvallur in BCDFGISSSV No.16/2024, dated 31.05.2024 is sought to be quashed in the present Habeas Corpus Petition.
2. The main ground raised in the Habeas Corpus Petition by the petitioner is that the Arrest Intimation Form from page 21 to 28, in the typed set of papers served on the detenue, have not been translated. That apart, the adverse cases relied upon by the detaining authority would be insufficient to form an opinion that there is likelyhood of causing breach of Public Order.
3. Since the important documents have not been translated in the language known to the detenue and served to him, the same caused prejudice to the detenue for submitting an effective representation under the Act 14 of 1982. 4.Hence, for the aforesaid reason, the detention order passed by the second respondent in proceedings No. BCDFGISSSV No.16/2024, dated 31.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Ajay, Male aged 25 years S/o.Panchanathan who is confined at Central Prison, Chennai, 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.] 12.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No mrpTo
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2 The District Magistrate and District Collector, Tiruvallur District Tiruvallur.
3 The Superintendent of Police Thriuvallur District.
4 The Superintendent of Prison Central Prison II, Puzhal, Chennai-66.
5 The Inspector of Police Arumbakkam Circle, Thiruvallur District.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
mrp H.C.P.No.1423 of 2024 12.08.2024