Rithika v. State Of Tamil Nadu, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1766 of 2024 Rithika ... Petitioner Vs.
1.
State of Tamil Nadu rep. by The Addl. Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.
The Commissioner of Police, Greater Chennai Police Commissioner, The Commissioner Office, Veperry, Chennai - 7.
3.
The Superintendent of Prison, Central Prison, Puzhal, Chennai -600 066.
4.
The Inspector of Police, G5 Secretariat Colony Police Station, Chennai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records relating to the Detention Order in Memo No.478/BCDFGISSSV/2024 dated 09.05.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband Sathish S/o.Aruldoss the detenue. Now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's husband Sathish S/o.Aruldoss aged about 25 years, the detenue herein at liberty.
For Petitioner : Mr.N.Naresh 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 2nd respondent in proceedings Memo No.478/BCDFGISSSV/2024 dated 09.05.2024 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.Thus, the impugned order of detention passed by the 2nd respondent in proceedings Memo No.478/BCDFGISSSV/2024 dated 09.05.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue viz., Sathish, aged about 25 years, S/o.Aruldoss, now confined in Central Prison, Puzhal, 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.] 07.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No gd
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd To 1.
The Addl. Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.
The Commissioner of Police, Greater Chennai Police Commissioner, The Commissioner Office, Veperry, Chennai - 7.
3.
The Superintendent of Prison, Central Prison, Puzhal, Chennai -600 066.
4.
The Inspector of Police, G5 Secretariat Colony Police Station, Chennai.
6.
The Public Prosecutor, Madras High Court.
H.C.P.No.1766 of 2024 07.08.2024