Revathy v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2420 of 2024 Revathy ... Petitioner Vs.
1.The State of Tamil Nadu, Rep by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
3.The Superintendent of Police Villupuram District, Villupuram.
4.The Inspector of Police, Valavanur Police Station, Villupuram District.
5.The Superintendent Central Prison, Cuddalore.
... 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 relating to petitioner's husband detention under Tamilnadu act 14 of 1982 vide detention
order dated 23.07.2024 on the second respondent herein made in proceedings RC.NO. C2/33/2024 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Dhinakaran aged 30 years, son of Selvam before this Court and set him at liberty For Petitioner : Mr.C.C.Chellappan 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 2nd respondent in proceedings Rc. No.C2/33/2024 dated 23.07.2024 is sought to be quashed in the present Habeas Corpus Petition.
2.The arrest memo enclosed at Page No.11 of Volume - I has not been translated partially, which resulted in causing prejudice to the interest of the detenu in submitting effective representation. It is a valuable right provided to the detenu under the Act.
3.Thus, the impugned order of detention in proceedings Rc. No.C2/33/2024 dated 23.07.2024 is quashed and the Habeas Corpus Petition
stands allowed. The detenu viz., Dhinakaran aged 30 years, son of Selvam, who is confined at Central Prison, Cuddalore, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [V.S.G., J.] 15.10.2024 Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order Jer To 1.The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
3.The Superintendent of Police Villupuram District, Villupuram.
4.The Inspector of Police, Valavanur Police Station, Villupuram District.
5.The Superintendent Central Prison, Cuddalore.
6.The Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
Jer H.C.P.No.2420 of 2024 15.10.2024