Imdad Basha @ Imran v. The Addl.Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.10.2023
CORAM
THE HONOURABLE MR . JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1775/2023 Imdad Basha @ Imran ..
Petitioner
Versus
1.The Additional Chief Secretary to Government Home, Prohibition & Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009. 2.The Commissioner of Police Office of the Commissioner of Police Greater Chennai, Chennai District.
3.The Superintendent of Prison Central Prison at Puzhal Thiruvallur District 600 066.
4.The Inspector of Police Anti Vice Squad II, Greater Chennai.
.. Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records in Detention Order No.69/BCDFGISSSV/2023 DATED 18.03.2023 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the body of the petitioner/detenu Imdad Basha @ Imran, S/o.Akbar Basha aged 23 years, now confined in Central Prison, Puzhal, before this Court and set him at liberty.
For Petitioner :
Mrs.B.Subadhra Devi For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
(Order of the Court was made by S.S.SUNDAR, J.) (1)The petitioner, detenu herein, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 18.03.2023 slapped on him, branding him as "Immoral Traffic Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
(2)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. (1)Though several points have been raised by the learned counsel for the petitioner, the detention order is liable to be quashed on the sole ground that the subjective satisfaction of the Detaining Authority while stating that the detenu is likely to be released on bail, by relying upon the Remand Order of the ground case, whose vernacular translation is defective, suffers from non-application of mind and the detention order is vitiated on that ground.
(2)It is seen that the Remand Order in the Ground case was not properly translated in Tamil language, the language known to the detenu. It is therefore, stated that the detenu is deprived of making effective representation. This Court finds from page Nos.633 to 635 of the Booklet, the order of Remand dated 01.03.2023 and its Tamil translation. Though in the English version, it is stated that the detenu was given the Memo of Arrest and the provisions with regard to legal assistance was explained to the accused, the Tamil translation does not refer to the explanation regarding legal assistance to the detenu. Therefore, the
subjective satisfaction is irrational and the order of detention is vitiated and suffers from non-application of mind and consequently, the detenu is deprived of an opportunity to make an effective representation. On this sole ground, the detention order is liable to be quashed. (3)In view of the aforesaid reason, the detention order passed by the 2nd respondent dated 18.03.2023 in BCDFGISSSV No.69/2023 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Imdad Basha @ Imran, S/o.Akbar Basha aged 23 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [SSSRJ] [SMJ] 13.10.2023 AP
To 1.The Additional Chief Secretary to Government Home, Prohibition & Excise [XVI] Department Fort St George, Secretariat, Chennai 600 009. 2.The Commissioner of Police Office of the Commissioner of Police Greater Chennai, Chennai District.
3.The Superintendent of Prison Central Prison at Puzhal Thiruvallur District 600 066.
4.The Inspector of Police Anti Vice Squad II, Greater Chennai.
5.The Public Prosecutor High Court, Madras.
S.S.SUNDAR, J., AND SUNDER MOHAN, J., AP H.C.P.No.1775/2023 13.10.2023