Chandrika v. The Principal Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1950 of 2024 Chandrika ...
PETITIONER Vs 1 The Principal Secretary To The Government, Home, Prohibition And Excise Department, Secretariat, Chennai-600 009.
2 District Collector And District Magistrate Of Krishnagiri District, Office Of The District Collector And District Magistrate, Krishnagiri, 3 The Superintendent Of Police Krishnagiri, Krishnagiri District.
4 The Superintendent Of Prison, Central Prison, Salem, Salem District.
5 The Inspector Of Police Berigai Police Station, Krishnagiri, ...
RESPONDENTS
PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus calling for the records relating to the detention order passed in S.C.No.12/2024 dated 29.04.2024 passed by the 2nd respondent under the TamilNadu Act 14 of 1982 Section and set aside the same and direct the respondents to produce the petitioner's son Prathap Vishwanath Gowda S/o.Narayanappa, aged about 24 years and now confined at Central Prison, Salem before this Hon'ble Court and set him at liberty. For Petitioner : Mr. P.M.Jayachandran 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/The District Collector and District Magistrate, Krishnagiri District in S.C.No.12/2024 dated 29.04.2024 is sought to be quashed in the present Habeas Corpus Petition.
2.A perusal of the documents relied on by the detaining authority would reveal that the detenue was arrested on 17.03.2024 and the impugned detention order has been issued on 29.04.2024, after the lapse of about one month. More so, there is a delay in passing the detention order. 3.Two cases are relied on for the purpose of issuing the impugned order. The first relied on case was registered in Crime No.0075/2021 by Malur Police, State of Karnataka. The second relied on case was registered in Crime No.0150/2023 by Masti Police, State of Karnataka. The ground case alone has been registered by the Berigai Police, Krishnagiri District. Therefore, the detaining authority invoked Act 14/1982 only on the basis of the ground case.
More specifically, none of the documents relied on by the detaining authority has been translated into the language known to the detenue. The detenue is native of the State of Karnataka and the documents relied on has not been translated into Karnataka language, which caused prejudice to the interest of the detenue for submitting a representation in an effective manner, 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/The District Collector and District Magistrate, Krishnagiri District in S.C.No.12/2024 dated 29.04.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Prathap Vishwanath Gowda S/o.Narayanappa, aged about 24 years, now confined at Central Prison, Salem, 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.] 27.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No mrp To 1 The Principal Secretary To The Government, Home, Prohibition And Excise Department, Secretariat, Chennai-600 009.
2 District Collector And District Magistrate Of Krishnagiri District, Office Of The District Collector And District Magistrate, Krishnagiri,
3 The Superintendent Of Police Krishnagiri, Krishnagiri District.
4 The Superintendent Of Prison, Central Prison, Salem, Salem District.
5 The Inspector Of Police Berigai Police Station, Krishnagiri, 6 The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
mrp H.C.P.No.1950 of 2024 27.08.2024