K.Anjalai v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.No.1919 of 2021 K.Anjalai S/o.Karthik .. Petitioner Vs.

1. State of Tamil Nadu represented by its Secretary to Government [Home], Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Tiruppur City, Tiruppur District.

3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore.

4. The Inspector of Police, Tiruppur North Police Station, Tiruppur.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records in C.No.49/G/IS/Tiruppur City/2021 dated 29.10.2021 on the file of the second respondent and quash the same as illegal and direct the respondents to produce the petitioner's husband Karthi s/o.Baskar, aged 36 years, who is now confined at Central Prison, Coimbatore, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.N.Chinnaraj For Respondents :

Mr.M.Babu Muthu Meeran Additional Public Prosecutor

ORDER

[Made by A.A.NAKKIRAN, J] The petitioner is the wife of the detenu viz., Karthi s/o.Baskar, aged 36 years. The detenu has been detained by the second respondent by his order in C.No.49/G/IS/Tiruppur City/2021 dated 29.10.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the remand order pertaining to the ground case has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on these grounds, the detention order is liable to be quashed.

4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially, Page Nos.93 and 94 of the booklet, it is clear that the remand order pertaining to the ground case has not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.49/G/IS/Tiruppur City/2021 dated 29.10.2021 passed by the second respondent is set aside. The detenu, viz., Karthi s/o.Baskar, aged 36 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Deputy Registrar (CS) //True Copy// Sub Assistant Registrar gm

To

1. The Secretary to Government [Home], Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Tiruppur City, Tiruppur District.

3. The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore.

4. The Inspector of Police, Tiruppur North Police Station, Tiruppur.

5. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.1919 of 2021 SMI (CO) PR (29/04/2022)