Jeyadevan v. The Additional Chief Secretary

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.1824 of 2024 Jeyadevan .... Petitioner Vs 1 The Additional Chief Secretary, Government Of Tamilnadu, Home, Prohibition & Excise Department, Chennai - 600 009.

2 The Commissioner of Police, Office of Commissioner of Police, Greater Chennai.

3 The Superintendent of Police Central Prison, Puzhal, Chennai - 600 066.

4 The Inspector Of Police ( L & O), J-8 Neelankarai Police Station, Adyar, Chennai.

....

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records pertaining to the order of detention passed by the second respondent herein and made in Memo No.264/BCDFGISSSV/2024 dated 28.03.2024 and set aside the same and directing the second respondent to produce the detenue, Petitioner's Friend, Thiru.Vijay @ Umar, aged 26 years S/o.Perumal, now confined in Central prison, Puzhal, Chennai, before this Hon'ble Court and thereby set him at liberty . For Petitioner : Mr. G.Sriram for Mr. G.Baskaran 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 Commissioner of Police, Greater Chennai, in Memo No.264/BCDFGISSSV/2024 dated 28.03.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The educational qualification possessed by the detenue is 5th standard. The Government order conferring the power of the detaining authority has not been translated and served on the detenue.

3. The non supply of translated version of the Government Order 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 Memo No.264/BCDFGISSSV/2024 dated 28.03.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Vijay @ Umar, male, aged about 22 years S/o.Perumal, now confined in Central prison, Puzhal, Chennai, 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.] 12.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To The Additional Chief Secretary, Government Of Tamilnadu, Home, Prohibition & Excise Department, Chennai - 600 009.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp 2 The Commissioner of Police, Office of Commissioner of Police, Greater Chennai.

3 The Superintendent of Police Central Prison, Puzhal, Chennai - 600 066.

4 The Inspector Of Police ( L & O), J-8 Neelankarai Police Station, Adyar, Chennai.

H.C.P.No.1824 of 2024 12.08.2024