Sambath 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.1827 of 2024 Sambath

...Petitioner /Son of the detenue

Vs 1 The Secretary To The Government, Home Prohibition and Excise Department Secretariat, Chennai - 600 009.

2 District Collector and District Magistrate, Kancheepuram District Kancheepuram.

3 The Superintendent of Police Kancheepuram District, Kancheepuram 4 The Superintendent of Prison Special Prison for Women, Vellore.

5 The Inspector Of Police Magaral Police Station, Kancheepuram 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 17.07.2024 in Rc.No.180/2024/M6-D.O.No.37/2024 against the petitioner's Mother Chinnaponnu, Female aged 68 years, W/o.Murugan, 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 him 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 District Collector and District Magistrate, Kancheepuram, in Rc.No.180/2024/M6-D.O.No.37/2024 dated 17.07.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The main ground raised in the Habeas Corpus Petition by the petitioner is that the Arrest Intimation Form in page No.11 of Volume-I, in the typed set of papers served on the detenue, has not been translated.

3. Since the important document has not been translated in the language known to the detenue and served to her, the same caused prejudice to the detenue for submitting an effective representation under the Act 14 of 1982.

4. Hence, for the aforesaid reason, the detention order passed by the second respondent in Rc.No.180/2024/M6-D.O.No.37/2024 dated 17.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Chinnaponnu, Female, aged 68 years, W/o.Murugan, 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, Kancheepuram District Kancheepuram.

3 The Superintendent of Police Kancheepuram District, Kancheepuram 4 The Superintendent of Prison Special Prison for Women, Vellore.

5 The Inspector Of Police Magaral Police Station, Kancheepuram District.

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

7. The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp H.C.P.No.1827 of 2024 30.08.2024