G.Mythili v. State Rep
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA HCP.NO.2109 OF 2021 G.Mythili .... Petitioner/ Wife of the Detenue -vs1. The State Rep by its Secretary to Government (Home) Prohibition and Excise Department, Fort St.George, Chennai -9.
2. The Commissioner of Police, Salem City, Salem.
3. The Superintendent of Police, Central Prison Salem, Salem
4. The Inspector of Police, Salem Town Police Station, Salem.
... Respondents Prayer:
Habeas Corpus Petition filed under Article 226 of the Constitution of India to call for the records pertaining to the order of detention dated 25.11.2021 passed by the 2nd respondent in CMP.No.115/Goonda/Salem city/2021 and quash the same and produce the detenue, Gokulakrishnan @ Gokul @ Auto Gokul aged about 33years s/o.Murugesan detained at Central Prison, Salem before this Court.
For Petitioner :
M/s.S.G.Vedhapriyadharshini For Respondents :
Mr.E.Raj Thilak, APP.
O R D E R
S.VAIDYANATHAN, J.
AND A.D.JAGADISH CHANDIRA, J.
The petitioner is the mother of Gokulakrishnan @ Gokul @ Auto Gokul, male, aged about 33 years, son of Murugesan, who is the detenu. The detenu has been detained by the second respondent by his order in CMP.No.115/Goonda/Salem City/2021 dated 25.11.2021, 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, she has mainly focused his argument on the ground that the bail application pertaining to the ground case has not been translated in vernacular language. He further submitted that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. 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 No.168 of the booklet, it is clear that the arrest intimation pertaining to the ground case has not been 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 CMP.No.115/Goonda/Salem City/2021 dated 25.11.2021, passed by the second respondent is set aside. The detenu, viz., Gokulakrishnan @ Gokul @ Auto Gokul, male, aged about 33 years, son of Murugesan, is directed to be
released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsh To
1. The State Rep by its Secretary to Government (Home) Prohibition and Excise Department, Fort St.George, Chennai -9.
2. The Commissioner of Police, Salem City, Salem.
3. The Superintendent of Central Prison, Salem City, Salem.
4. The Inspector of Police, Salem Town Police Station, Salem.
5. The Joint Secretary, Law & Order, Secretariat, Chennai.
6. The Public Prosecutor, High Court, Madras.
+2ccs to M/s.S.G.Vedhapriyadharshini, Advocate, S.R.No.35855 HCP.No.2109 of 2021 CA(CO) PM/21/06/2022