Indhara v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.NO.2042 OF 2021 Indhara ... Petitioner/Mother of the Detenue .Vs.

The State Rep. by

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-9.

2. The Commissioner of Police, Salem City.

3. The Superintendent of Prison, Central Prison, Salem.

4. The Inspector of Police, Kitchipalayam Police Station, Salem.

... 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 C.M.P. No.103/Goonda/Salem City/2021 dated 01.11.2021 on the file of the second respondent and quash the same as illegal and direct the respondents to produce the detenu, Madhavan, S/o.Ramesh, aged about 22 years, now confined at Central Prison, Salem before this Court and set him at liberty. For Petitioner :

M/s.S.Sengkodi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

S.VAIDYANATHAN, J.

AND A.D.JAGADISH CHANDIRA, J.

The petitioner is the mother of the detenu Madhavan, S/o.Ramesh, aged about 22 years. The detenu has been detained by the second respondent by his order in C.M.P. No.103/Goonda/Salem City/2021 dated 01.11.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of 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 and we have also perused the records carefully.

3. Though the 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 arrest intimation has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on this sole ground, 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.68 and 69 of the booklet, it is clear that the arrest intimation has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.M.P.No.103/Goonda/Salem City/2021 dated 01.11.2021, passed by the second respondent is set aside. The detenu, namely, Madhavan, S/o.Ramesh, aged about 22 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 nsd

To 1.

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 9.

2.

The Commissioner of Police, Salem City.

3.

The Superintendent of Prison, Central Prison, Salem.

4.

The Inspector of Police, Kitchipalayam Police Station, Salem.

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.2042 OF 2021 CA(CO) PBS/17/06/2022