Ramswaroop Jatav v. The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE H.C.P.No.2177 of 2024 Ramswaroop Jatav ... Petitioner/Father of the Detenu Vs.
1.
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.
The Detaining Authority/The Commissioner of Police, Coimbatore City, 62, Old Post Office Rd, Near Railway Station, Opp.Collector Office, Gopalapuram, Coimbatore - 641 018.
3.
The Superintendent of Prison, Central Prison, Dr.Nanjapaa Road, ATT Colony, Gopalapuram, Gandhipuram, Coimbatore - 641 018.
4.
The Inspector of Police, Cyber Crime Police Station, Hozur Road, Old Post Office Road, Opposite Collector Office, Gopalapuram, Coimbatore - 641 018.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Habeas Corpus, to call for the entire records connected with the order of the second respondent herein in C.No.91/G/IS/2024 dated 31.07.2024 against the petitioner's son the detenu namely Anil Jatav, Son of Ramswaroop Jatav, aged about 24 years, who is confined at Coimbatore, Central Prison and set aside the same, consequently direct the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Narayanan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent dated 31.07.2024 is sought to be quashed in the present habeas corpus petition. 2.
Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. 3.
Most of the documents enclosed along with the booklet served on the detenu have not been translated and furnished to the detenu in the language
known to him. The detenu is a native of Madhya Pradesh and the known language is Hindi.
4.
In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenu should be afforded an opportunity of making representation effectively against the Detention Order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. In the said context, the Hon'ble Supreme Court has held in Paragraphs 9 and 16 {as in SCC journal} as follows:
"9.However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention. Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the 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. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language. .....
16.For the above reasons, in our view, the non-supply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed."
5.
In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.
6.
For the aforesaid reasons, the detention order passed by the second respondent in proceedings C.No.91/G/IS/2024 dated 31.07.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., R.Anil Jatav, aged 24 years, S/o. Ramswaroop Jatav confined at Central Prison, Coimbatore is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [A.D.M.C., J.] 26.09.2024 Index: Yes/No Speaking/Non-speaking order veda
To 1.
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
3.
The Detaining Authority/The Commissioner of Police, Coimbatore City, 62, Old Post Office Rd, Near Railway Station, Opp.Collector Office, Gopalapuram, Coimbatore - 641 018.
4.
The Superintendent of Prison, Central Prison, Dr.Nanjapaa Road, ATT Colony, Gopalapuram, Gandhipuram, Coimbatore - 641 018.
5.
The Inspector of Police, Cyber Crime Police Station, Hozur Road, Old Post Office Road, Opposite Collector Office, Gopalapuram, Coimbatore - 641 018.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND A.D.MARIA CLETE, J.
veda 26.09.2024