Ammu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Ammu W/o.Pradap, Door No.75, Kuppai Mettu Street, Pazhaiya Pettai Post, Krishnagiri-635001.
Petitioner(s) Vs 1.The State represented by the Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600009. 2.The District Collector and District Magistrate Krishnagiri District.
3.The Superintendent of Police Krishnagiri District.
4.The Superintendent of Police Central Prison, Salem.
5.The Inspector of Police Bargur Police Station, Krishnagiri District.
Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records in connection with the detention order passed by the second respondent dated 19.06.2025 in S.C.No.18/2025 against the petitioner's son Thirupathi @ Appu, aged about 18 years, S/o.Prathab, who is confined in the Central Prison, Salem and set aside the detention order and direct the respondents to produce him before this Court and set him at liberty.
For Petitioner(s):
Mr.L.Ramanathan For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(made by N.Sathish Kumar, J.) The petitioner, who is the mother of the detenu Thirupathi @ Appu, aged about 18 years, S/o.Prathab, has come forward with this petition challenging the detention order passed by the second respondent dated 19.06.2025 bearing reference S.C.No.18/2025 slapped on her son, 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 have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil but the remand order and remand extension order translated in Tamil were not served on the detenu and the same has prevented him from making an effective representation against the detention order. Hence, the impugned order is liable to be set aside.
4.
Per contra, learned Additional Public Prosecutor submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. 5.
A perusal of the booklet would disclose that the translated
version of the final report at page no.65 in Volume-II of the booklet was not furnished to the detenu in a language known to him, thereby, the detenu has been put to prejudice and is deprived of making an effective representation for revocation of the detention order. The non-furnishing of translated version of document(s) relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed.
In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 19.06.2025 in S.C.No.18/2025 is hereby set aside. The detenu Thirupathi @ Appu, aged about 18 years, S/o.Prathab, 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.) 25-10-2025 nsd Index:Yes/No Speaking/Non-speaking order
Internet:Yes To 1.The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600009.
2.The District Collector and District Magistrate, Krishnagiri District.
3.The Superintendent of Police, Krishnagiri District.
4.The Superintendent of Police, Central Prison, Salem.
5.The Inspector of Police, Bargur Police Station, Krishnagiri District.
6.The Public Prosecutor, Madras High Court, Chennai.
7.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai - 9.
N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
nsd
25.10.2025