C.Baskaran v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL C.Baskaran S/o.Chellappan .. Petitioner/Uncle of the detenu vs 1.The Additional Chief Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 600 009.
2.The District Magistrate and District Collector, Thiruvallur District, Thiruvallur.
3.The Superintendent of Police, Thiruvallur District, Thiruvallur.
4.The Superintendent, Central Prison, Puzhal, Chennai - 600 066.
5.The Inspector of Police, Uthukottai Police Station, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent 1/8
dated 11.10.2022 in No.45/BCDFGISSSV/2022 against the petitioner's brother son Karthi @ Dio Karthi M/A 23, S/o.Murali, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently, direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner :
No appearance For Respondents :
Mr.E.Raj Thilak, Additional Public Prosecutor *****
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by uncle of detenu assailing a 'preventive detention order dated 11.10.2022 bearing reference BCDFGISSSV No.45/2022' [hereinafter 'impugned preventive detention order' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic 2/8
offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.
3. There is one adverse case and one ground case. The ground case which constitutes substantial part of substratum of the impugned preventive detention order is Crime No.263 of 2022 on the file of Uthukottai Police Station for alleged offences under Section 302 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.
4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents is before us.
5. In the support affidavit qua captioned HCP several grounds have been raised/urged. However, when the matter was taken up for 3/8
hearing, on a perusal of the case file we find that a portion of paragraph 5 of the grounds of impugned preventive detention order reads as follows: '5) ..... Further his remand period was upto 29.09.2022 and extended further upto 13.10.2022.'
The remand extension order of the learned jurisdictional Magistrate has been enclosed in the grounds booklet at page 96 and a scanned reproduction of the same is as follows:
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6. The Tamil translation of aforementioned remand extension order dated 29.09.2022 made by learned jurisdictional Magistrate has been furnished to detenu at page 97 of the grounds booklet and a scanned reproduction of Tamil translation is as follows: 5/8
7. A careful perusal of the remand extension order made by learned jurisdictional Magistrate in English and Tamil translation of the same brings to light that the date upto which the remand was extended is completely different in the original remand order and the Tamil translation. This obviously hampers and impairs the right of the detenu to make a representation. To be noted, it is not just a representation but it is a right to make an effective representation. The right of a detenu to make an effective representation is a constitutional safeguard ingrained in Clause 5 of Article 22 of the Constitution of India. We find that this constitutional safeguard ingrained in Article 22 of the Constitution of India has been impaired in this case owing to pages 96 and 97 of the grounds booklet which have been scanned and reproduced supra.
To be noted, detenu has discontinued his degree and he is conversant with Tamil only. Be that as it may, dehors literacy level different dates qua a remand extension order in original order in English and the translation in regional language can baffle any detenu impacting detenu's right to make an effective representation qua a preventive detention order. We remind ourselves that preventive detention is not a punishment and habeas corpus is a high prerogative writ.
the detenu is impaired, the sequitur is impugned preventive detention order deserves to be dislodged.
Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 11.10.2022 bearing reference BCDFGISSSV No.45/2022 made by the second respondent is set aside and the detenu Thiru.Karthi @ Dio Karthi, aged 23 years, son of Thiru.Murali, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs. [M.S., J.] [R.S.V., J.] 26.06.2023 Index : Yes gm P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison II, Puzhal, Chennai.
To 1.The Additional Chief Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 600 009.
2.The District Magistrate and District Collector, Thiruvallur District, Thiruvallur.
3.The Superintendent of Police, Thiruvallur District, Thiruvallur.
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M.SUNDAR, J.
and R.SAKTHIVEL , J.
gm 4.The Superintendent, Central Prison, Puzhal, Chennai - 600 066.
5.The Inspector of Police, Uthukottai Police Station, Chennai.
6.The Public Prosecutor, High Court, Madras.
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