Kuni Penchalaiah v. The Additional Chief Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1962 of 2024 Bensilayya ... Petitioner Vs.

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

2.The Commissioner Of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai - 600 054.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Inspector Of Police, E-1 Mylapore Police Station, Chennai District.

... Respondents PRAYER: Petition filed under Article 226 of the 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 09.05.2024 in BCDFGISSSV

No.473/2024 against the petitioner's son Dineshkumar, S/o. Bensilayya aged about 26 years, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner : Mr.S.Chandrasekar 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 BCDFGISSSV No.473/2024 dated 09.05.2024, 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 BCDFGISSSV No.473/2024 dated 09.05.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Dineshkumar, S/o.Bensilayya, aged about 26 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.] sli 28.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner Of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai - 600 054.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Inspector Of Police, E-1 Mylapore Police Station,Chennai District. 5.The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

sli H.C.P.No.1962 of 2024 28.08.2024