Karthik v. The State Of Tamilnadu, Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1892 of 2024 Karthik ... Petitioner Vs.
1.
The State of Tamil Nadu, Rep, by its Addl. Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.
The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, (Goondas Section) Vepery, Chennai 600007.
3.
The Superintendent of the Prison, The Central Prison Puzhal, Chennai -600 066.
4.
The Inspector of Police, F-1 Chintadripet Police Station, Chintadripet Chennai 600 002.
... 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 detenue's detention order passed by the 2nd respondent in No.BCDFGISSSV No.331/2024 dated
09.04.2024 and set aside the same and produce the detenue Jayaseelan, Male, age 23 years, son of Palayam, now detained in Central Prison Puzhal, Chennai before this Court and set him at liberty.
For Petitioner : Mr.S.Elankumaran 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 second respondent in No.BCDFGISSSV No.331/2024 dated 09.04.2024 is sought to be quashed in the present Habeas Corpus Petition.
2.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 the language known to the detenue 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 in No.BCDFGISSSV No.331/2024 dated 09.04.2024 is quashed and the Habeas Corpus Petition stands allowed. The
detenue, namely, Jayaseelan, Male, age 23 years, son of Palayam, now detained in Central Prison Puzhal, Chennai, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case. [S.M.S., J.] [V.S.G., J.] 20.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No sli
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
sli To 1.
The State of Tamil Nadu, Rep, by its Addl. Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.
The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, (Goondas Section) Vepery, Chennai 600007.
3.
The Superintendent of the Prison, The Central Prison Puzhal, Chennai -600 066.
4.
The Inspector of Police, F-1 Chintadripet Police Station, Chintadripet Chennai 600 002.
5.
The Public Prosecutor, High Court, Madras.
H.C.P.No.1892 of 2024 20.08.2024