Dhanam v. The Secretary To The Government,

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.1914 of 2024 Dhanam ... Petitioner Vs.

1.

The Secretary to the Government, Home, Prohibition and Excise Department, Chennai - 600 009.

2.

The Commissioner of Police, Greater Chennai.

3.

The Superintendent, The Central Prison Puzhal.

4.

The Inspector of Police, P6 Kodungaiyur Police Station, Chennai.

... 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.640/BCDFGISSSV/2024 dated 07.06.2024 against the petitioner's son Thiru.Aravindan @ Aravind Son of Kuppan and set aside the same and set the detenu at liberty.

For Petitioner : Mr.C.Jagan 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.640/BCDFGISSSV/2024 dated 07.06.2024 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.640/BCDFGISSSV/2024 dated 07.06.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Thiru.Aravindan @ Aravind, Son of Kuppan, aged about 28 years, 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 To 1.

The Secretary to the Government, Home, Prohibition and Excise Department, Chennai - 600 009.

2.

The Commissioner of Police, Greater Chennai.

3.

The Superintendent, The Central Prison Puzhal.

4.

The Inspector of Police, P6 Kodungaiyur Police Station, Chennai.

5.

The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

sli H.C.P.No.1914 of 2024 20.08.2024