Elaiyaraja v. The Secretary To The Government
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.1846 of 2024 Elaiyaraja ...
Petitioner Vs 1 The Secretary to The Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2 District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3 The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
4 The Superintendent of Prison, Special Prison for Women, Vellore.-2 5 The Inspector Of Police Tiruvannnamalai Town Police Station, Tiruvannamalai 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 in connection with the order of Detention passed by the second respondent dated 15.07.2024 in D.O.No.39/2024C2 against the petitioner's Mother Marikannu, Female, aged 55 years, W/o.Govindan, who is confined at Special Prison for women, Vellore and set aside the same and direct the respondents to produce the detenue before the Honble Court and set her at Liberty.
For Petitioner : Mr. P.Raman 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 second respondent / District Collector and District Magistrate, Tiruvannamalai, in D.O.No.39/2024-C2 dated 15.07.2024 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 in D.O.No.39/2024-C2 dated 15.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Marikannu, Female, aged 55 years, W/o.Govindan, now confined at Special Prison for women, Vellore, is directed to be set at liberty forthwith, unless she 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 The Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2 District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3 The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
4 The Superintendent of Prison, Special Prison for Women, Vellore.-2 5 The Inspector Of Police Tiruvannnamalai Town Police Station, Tiruvannamalai District.
6 The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
mrp H.C.P.No.1846 of 2024 30.08.2024