Meenakchi 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.1857 of 2024 Meenakchi ....
PETITIONER Vs 1 The Secretary To The Government Home Prohibition And Excise Department Secretariat Chennai-600 009.
2 The District Magistrate And District Collector Of Kallakurichi District Kallakurichi.
3 The Superintendent Of Police Kallakurichi District, Kallakurichi.
4 The Superintendent Of Prison Central Prison, Cuddalore.
5 The Inspector Of Police Kallakurichi Police Station, Kallakurichi District.
....
RESPONDENTS
PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the second respondent dated 12.07.2024 in D.O.No.C2/28/2024 against the petitioner Son Madhankumar alias Madhan, Male aged 27 years S/o.Murugan who is confined at Central Prison, Cuddalore 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 second respondent/ District Magistrate and District Collector, Kallakurichi District, in D.O.No.C2/28/2024 dated 12.07.2024 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/ District Magistrate and District Collector, Kallakurichi District, in D.O.No.C2/28/2024 dated 12.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Madhankumar alias Madhan, Male, aged 27 years S/o.Murugan, who is confined at Central Prison, Cuddalore, 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.] 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 The District Magistrate And District Collector Of Kallakurichi District Kallakurichi.
3 The Superintendent Of Police Kallakurichi District, Kallakurichi.
4 The Superintendent Of Prison Central Prison, Cuddalore.
5 The Inspector Of Police Kallakurichi Police Station, Kallakurichi District.
6 The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
mrp H.C.P.No.1857 of 2024 30.08.2024