P.Lakshmi v. The Government Of Tamilnadu Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Lakshmi ..

Petitioner v.

1. The Government of Tamil Nadu rep.by its Secretary Home, Prohibition and Excise (XVI) Department Fort St.George, Chennai 600 009

2. The District Collector Office of the District Collector and District Magistrate Kallakurichi, Kallakurichi District

3. The Superintendent of Police Office of the Superintendent Kallakurichi District

4. The Superintendent of Prison Central Prison, Cuddalore

5. The Inspector of Police Chinnasalem Police Station Chinnasalam, Kallakurichi District ..

Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records in detention order D.No.C2/15/2023 dated 12.06.2023 on the file of the 2nd respondent and quash the same and direct the respondents herein to produce the body of the petitioner's husband Periyasamy, aged about 57 years, the detenu now confined in Central Prison, Cuddalore before this Hon'ble Court and set him at liberty.

For Petitioner ::

Mr.C.K.Chandrasekkar For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the wife of the detenu, namely, Periyasamy, aged 57 years, S/o Ramasamy, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 12.06.2023 slapped on her husband, branding him as 'Bootlegger' 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 appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Though several grounds are raised in the petition, the learned counsel appearing for petitioner pointed out that the report of the Forensic Sciences Department dated 05.06.2023, relied upon by the detaining authority, found at page 74 of the booklet, is not translated in vernacular language and also not furnished to the detenu. The learned counsel also relied upon the judgment of the Hon'ble Supreme Court in the case of Powanammal v. State of Tamil Nadu, (1999) 2 SCC 413 and contended that the non-supply of the translated version vitiates the detention order.

4. It is admitted that the detenu in the present case is an illiterate. We find that though the report of the Forensic Sciences Department dated 05.06.2023 is available at page 74 of the booklet in English, the translated

version of the said document is not furnished to the detenu. The non-supply of the translated version to the detenu vitiates the detention order, as held by the Hon'ble Supreme Court in the case of Powanammal Vs. State of Tamil Nadu, (1999) 2 SCC 413 holding that what applies to a document, would equally apply to furnishing translated copy of the document in the language known to and understood by the detenu. In the said judgment, the Hon'ble Supreme Court has further held as follows:- ''6.The short question that falls for our consideration is whether failure to supply the Tamil version of the order of remand passed in English, a language not known to the detenue, would vitiate her further detention.

......

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.''

In view of the judgment of the Hon'ble Supreme Court in Powanammal's

case, the impugned detention order is liable to be set aside.

5. Accordingly, the detention order passed by the 2nd respondent dated 12.06.2023 in D.O.No.C2/15/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Periyasamy, S/o Ramasamy, aged 57 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 10.11.2023 ss To

1. The Secretary to Government Home, Prohibition and Excise (XVI) Department Fort St.George Chennai 600 009

2. The District Collector Office of the District Collector and District Magistrate Kallakurichi, Kallakurichi District

3. The Superintendent of Police Office of the Superintendent Kallakurichi District

4. The Superintendent of Prison Central Prison, Cuddalore

5. The Inspector of Police Chinnasalem Police Station Chinnasalam, Kallakurichi District

6. The Public Prosecutor High Court, Madras

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ss 10.11.2023