Deep Singh v. The State Of Tamilnadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2069 of 2024 Deep Singh ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
2. The District Magistrate and District Collector, Namakkal District.
3. The Superintendent of Police, Namakkal District.
4. The Superintendent, Central Prison, Salem 636 007.
5. The Inspector of Police, Komrapalayam Police Station, Namakkal District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records leading to the detention of petitioner's brother, the detenue Thiru. Raju Singh, aged 20, Son of Modu Singh, presently detained in Central Prison, Salem, under Act 14/1982 as 'Goonda' vide
the detention order dated 26.07.2024 in C.M.P.No.40/Goonda/2024/ (M1), on the file of the 2nd respondent herein, directing to produce the person or body of the detenue Thiru.Raju Singh, aged 20, Son of Modu Singh, before this Court and thereafter set him at liberty from the Central Prison Salem by set aside the above order.
For Petitioner : Mr.R.Vasudevan 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 C.M.P.No.40/Goonda/2024/ (M1), dated 26.07.2024, is sought to be quashed in the present Habeas Corpus Petition.
2.The detenu is a native of Tilora Village, Jalor District, Rajasthan State. The order of detention though translated into Hindi and served on the detenu, the documents relied on by the detaining authority has not been translated and served to the detenu in the language known to him. Thus, the detenu is deprived of submitting an effective representation, which is a valuable right provided to the detenu under Act 14 of 1982.
3.The issue regarding serving of translated version of the documents in the preventive detention order has been dealt with by the Three Judges Bench of the Hon'ble Supreme Court of India in the case of Powanammal Vs. The State of Tamil Nadu and others reported in 1999 2 SCC 413. The Apex Court held that non supply of the copy of the documents relied on in the grounds of detention has been held to be fatal to continued detention, the detenue need not show that any prejudice is caused to him. This is because non- supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order.
The Court further reiterated that what applies to a document, would equally apply to furnishing translated copy of the document in the language known to and understood by the detenu, should the document be in a different language. The Apex Court had not made any distinction between non serving of a document and the translated copy of the document in the known language of the detenu. 4.In view of the said judgment of the Apex Court, the present Habeas Corpus Petition has to be considered. Consequently, the impugned order of detention in C.M.P.No.40/Goonda/2024/ (M1), dated 26.07.
the Habeas Corpus Petition stands allowed. The detenue, namely, Thiru.Raju Singh, aged about 20 years, Son of Modu Singh, now confined in Central Prison, Salem, 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 09.09.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
2. The District Magistrate and District Collector, Namakkal District.
3. The Superintendent of Police, Namakkal District.
4. The Superintendent, Central Prison, Salem 636 007.
5. The Inspector of Police, Komrapalayam Police Station, Namakkal District.
6. The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
sli H.C.P.No.2069 of 2024 09.09.2024