Bhavani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1618 of 2024 Bhavani ...

PETITIONER Vs 1 The State of Tamilnadu, Rep By Secretary To Government, Home, Prohibition And Excise Department, Fort St.George, Chennai - 600 009.

2 The Commissioner Of Police Greater Chennai, Chennai.

3 The Superintendent Of Prison Central Prison Puzhal, Chennai.

4 The Inspector Of Police H-8, Fishing Harbor Police Station, Chennai.

...

RESPONDENTS PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records relating to the detention order dated 14.05.2024 passed by the second respondent in his proceedings No.501/BCDFGISSSV/2024 and quash the same and direct the respondents herein to produce the petitioner's son namely Kuppuraj son of Selvam aged about 23 years, who is presently under going detention in the Central Prison, Puzhal as GOONDA before this Honble Court and set him at liberty forth with.

For Petitioner : Mr. M.Vinoth For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the 2nd respondent/The Commissioner of Police, Greater Chennai, in proceedings No.501/BCDFGISSSV/2024 dated 14.05.2024, 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. Hence, for the aforesaid reason, the detention order passed by the second

respondent/The Commissioner of Police, Greater Chennai, in proceedings No.501/BCDFGISSSV/2024 dated 14.05.2024, is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Kuppuraj son of Selvam aged about 23 years, now confined at the Central Prison, 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.] 16.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To 1 The State of Tamilnadu, Rep By Secretary To Government, Home, Prohibition And Excise Department, Fort St.George, Chennai - 600 009.

2 The Commissioner Of Police Greater Chennai, Chennai.

3 The Superintendent Of Prison Central Prison Puzhal, Chennai.

4 The Inspector Of Police H-8, Fishing Harbor Police Station, Chennai. 5 The Public Prosecutor, High Court, Madras. S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp H.C.P.No.1618 of 2024 16.08.2024