Ramar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1652 of 2024 Ramar .... Petitioner Vs 1 The State Rep By Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-9 2 The District Collector and District Magistrate, Cuddalore District, 3 The Superintendent of Police Cuddalore 4 The Superintendent of Prison Central Prison, 5 The Inspector Of Police Neyveli Township Police Station, Cuddalore District.

....

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the entire records relating to the detention order dated 28.05.2024 in C3/D.O.49/2024 passed by the 2nd respondent herein and quash the same and direct the respondents to produce the body of the detenu, Thiru.Rajasekar, Male, Hindu, age 33 years, S/o.Ramar, who has been detained in the Central Prison, Cuddalore, before this Hon'ble Court and set the petitioners son at liberty.

For Petitioner : Mr. S.C.Vishwanth 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 District Collector and District Magistrate, Cuddalore District, Cuddalore, in C3/D.O./49/2024 dated 28.05.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The order of remand has not been translated in the language known to the detenue.

3. The non supply of translated version of the Order of Remand 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 in C3/D.O./49/2024 dated 28.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Rajasekar, Male, Hindu, age 33, S/o.Ramar, now confined in the Central Prison, Cuddalore, 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.] 30.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To

1. The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-9 2 The District Collector and District Magistrate, Cuddalore District,

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp 3 The Superintendent of Police Cuddalore 4 The Superintendent of Prison Central Prison,

5. The Inspector Of Police Neyveli Township Police Station, Cuddalore District.

6. The Joint Secretary to Government, Public ( Law & Order), Fort St. George, Chennai.

7. The Public Prosecutor, High Court, Madras.

H.C.P.No.1652 of 2024 30.08.2024