Janani v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.10.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1430 of 2025 Janani ... Petitioner/ Sister of the detenu
Versus
1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai - 600 009
2. The District Collector and District Magistrate of Ranipet District, Ranipet-1
3. The Superintendent of Police Ranipet District, Ranipet
4. The Superintendent of Prison Central Prison, Vellore
5. The Inspector of Police Arcot Town Police Station
Ranipet District .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 10.06.2025 in B3/D.O.No.46/2025 against the petitioner's brother Akash, S/o.Rajkumar, male, aged 21 years, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :
Mr.D.Balaji For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the sister of the detenu Akash, S/o.Rajkumar, male, aged 21 years, has come forward with this petition challenging the detention order passed by the second respondent dated 10.06.2025 bearing reference B3/D.O.No.46/2025 slapped on her brother branding him as "Goonda" 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.
3. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that the order of detention passed by the Detaining Authority is vitiated for material irregularities, as the copy of the remand report, has not been properly translated. It is therefore stated that the detenu is deprived of his valuable right to make effective representation.
4. It is seen that from page Nos.11 and 12 of Volume II of the Booklet furnished to the detenu that the copy of the final report, has not been properly translated in Tamil. This defective translation of the vital document in vernacular language would deprive the detenu of making effective representation to the authorities against the order of detention.
Thus, the detention order is vitiated on this ground and the same is liable to be quashed.
5. In view of the aforesaid reason, the detention order passed by the 2nd respondent dated 10.06.2025 in B3/D.O.No.46/2025 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Akash, S/o.Rajkumar, male, aged 21 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 27.10.2025 Index: Yes/No gpa
To
1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai - 600 009
2. The District Collector and District Magistrate of Ranipet District, Ranipet-1
3. The Superintendent of Police Ranipet District, Ranipet
4. The Superintendent of Prison Central Prison, Vellore
5. The Inspector of Police Arcot Town Police Station Ranipet District
6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 7.The Public Prosecutor High Court, Madras.
N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa H.C.P.No.1430 of 2025 27.10.2025