Muniyammal v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Muniyammal W/o.Ramasami, No.3/223, Kudimenaalli Village, Agaram Post, Pochampalli, Krishnagiri District.

Petitioner(s) Vs 1.The Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai - 600009.

2.The District Magistrate and District Collector Krishnagiri District.

3.The Superintendent of Police Krishnagiri District.

4.The Superintendent of Prison Central Prison, Salem, Salem District.

5.The Inspector Of Police All women Police Station, Burgur, 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 order of detention passed by the second respondent dated 24.06.2025 in S.C.No.19/2025 against the petitioner's son by name Mariyappan, S/o.Munusami Goundar, aged about 45 years, now confined at Central Prison, Salem, Salem District and set aside the same and direct the respondents to produce the above said detenu before this Court and set him at liberty.

For Petitioner(s):

Mr.E.Kannadasan 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 Mariyappan, S/o.Munusami Goundar, aged about 45 years, has come forward with this petition challenging the detention order passed by the second respondent dated 24.06.2025 bearing reference S.C.No.19/2025 slapped on her son, branding him as "Sexual 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. 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 medical examination report and forensic science report 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 medical examination report and forensic science report at page nos.51 to 54 in Volume-I 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 24.06.2025 in S.C.No.19/2025 is hereby set aside. The detenu Mariyappan, S/o.Munusami Goundar, aged about 45 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.) 28.10.2025 nsd Index:Yes/No Speaking/Non-speaking order

Internet:Yes To 1.The Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai - 600009.

2.The District Magistrate and District Collector Krishnagiri District.

3.The Superintendent of Police Krishnagiri District.

4.The Superintendent of Prison Central Prison, Salem, Salem District.

5.The Inspector Of Police All women Police Station, Burgur, 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

28.10.2025