S.Savitha v. The State Of Tamilandu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN S.Savitha ..
Petitioner v.
1. The State of Tamil Nadu rep by its Secretary to Government (Home) Prohibition and Excise Department Fort St.George, Chennai 600 009
2. The Commissioner of Police Greater Chennai Police Chennai
3. The Superintendent of Prison Central Prison, Puzhal Chennai District
4. The Inspector of Police Anti Vice Squad-I Greater Chennai Police Chennai ..
Respondents Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, calling for the entire records of the 2nd respondent in his proceeding No.988/BCDFGISSSV/2024 dated 20.09.2024, to quash the same and consequently direct the respondents to produce petitioner's husband Subash, aged 29 years, son of Shanmugam before this Hon'ble Court, now confined in Central Prison, Puzhal set him liberty forthwith.
For Petitioner ::
Mr.M.Jaikumar for Mr.E.Vinothkumar For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of detention passed by the second respondent in proceedings No.988/BCDFGISSSV/2024 dated 20.09.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The impugned detention order dated 20.09.2024 has been improperly translated in the language known to the detenu i.e., Tamil. In
other words, the translation made in vernacular language is not in consonance with the impugned detention order issued in English. This improper translation caused prejudice to the detenu to submit an effective representation, which is a valuable right conferred under the provisions of the Act 14 of 1982. Thus we are inclined to interfere with the impugned order.
4. Accordingly, the detention order passed by the second respondent in proceedings No.988/BCDFGISSSV/2024 dated 20.09.2024 is quashed and the habeas corpus petition is allowed. The detenu viz., Subhash, aged 29 years, S/o Shanmugam, who is confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 05.11.2024 ss
To
1. The Secretary to Government (Home) Prohibition and Excise Department Fort St.George, Chennai 600 009
2. The Commissioner of Police Greater Chennai Police Chennai
3. The Superintendent of Prison Central Prison, Puzhal Chennai District
4. The Inspector of Police Anti Vice Squad-I Greater Chennai Police Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 05.11.2024