Filomina v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.10.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1222 of 2025 Filomina ... Petitioner
Versus
1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009
2. The District Collector and District Magistrate of Cuddalore District, Cuddalore
3. The Superintendent of Police Cuddalore District, Cuddalore
4. The Superintendent of Prison Central Prison, Cuddalore
5. The Inspector of Police Kadampuliyur Police Station Cuddalore District .. Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 12.06.2025 in C3/D.O./83/2025 against the petitioner son Rino Stephenraj, male aged 21 years S/o.Chinnapparaj, who is confined at central prison, cuddalore and set aside the same and direct the respondents to produce the detenue before the honourable court and set him at liberty. For Petitioner :
Mr.D.Balaji For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the mother of the detenu Rino Stephenraj, S/o.Chinnapparaj, male aged 21 years, has come forward with this petition challenging the detention order passed by the second respondent dated 12.06.2025 bearing reference C3/D.O/83/2025 slapped on her son, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil but the remand order and remand extension order translated in Tamil were not served on the detenu and the same has prevented him from making an effective representation against the detention order. Hence, the impugned order is liable to be set aside. 4.Per contra, learned Additional Public Prosecutor submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. 5.
A perusal of the booklet would disclose that the translated version of the remand order and remand extension order were not furnished to the detenu in a language known to him, thereby the detenu has been put to prejudice and is deprived of making an effective representation for revocation of the detention order.
document/s relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed.
6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2nd respondent dated 12.06.2025 in C3/D.O/83/2025 is hereby set aside and. The detenu viz., Rino Stephenraj, S/o.Chinnapparaj, aged 21 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 24.10.2025 Index: Yes/No gpa
To
1. The Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009
2. The District Collector and District Magistrate of Cuddalore District, Cuddalore
3. The Superintendent of Police Cuddalore District, Cuddalore
4. The Superintendent of Prison Central Prison, Cuddalore
5. The Inspector of Police Kadampuliyur Police Station Cuddalore District
6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 7.The Public Prosecutor High Court, Madras.
N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa H.C.P.No.1222 of 2025 24.10.2025