Mani v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Mani S/o.Ponnaiya, No.6/8, Muthur Mariamma Kovil Backside, VK Road, Thaneerpadhal, Peelamedu, Coimbatore South, Coimbatore, Tamil Nadu-641 004 Petitioner(s) Vs 1.The Additional chief Secretary to Government Home, Prohibition and Excise Dept, Secretariat, Chennai600 009 2.The Commissioner of Police Detaining Authority, Coimbatore District Coimbatore 3.The Superintendent of Prison Central Prison, Coimbatore

4.The Inspector of Police Peelamedu Police Station, Coimbatore 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 14.06.2025 in C.No.99/G/IS/2025 against the petitioner's son M.Jeyaraj @ Thotti Jeya, male, aged 25 years, S/o.Mani, who is confined at the Central Prison, Coimbatore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner(s):

Mr.S.Senthil Vel for Mr.Nagaraj For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(made by N.Sathish Kumar, J.) The petitioner, who is the father of the detenu M.Jeyaraj @ Thotti

Jeya, male, aged 25 years, S/o.Mani, has come forward with this petition challenging the detention order passed by the second respondent dated 14.06.2025 bearing C.No.99/G/IS/2025 slapped on his son, branding him as "Drug 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 final report translated

in Tamil was 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.24 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 14.06.2025 in C.No.99/G/IS/2025 is hereby set aside. The detenu M.Jeyaraj @ Thotti Jeya, male, aged 25 years, S/o.Mani, 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.) 04.11.2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Additional chief Secretary to Government Home, Prohibition and Excise Dept, Secretariat, Chennai600 009 2.The Commissioner of Police Detaining Authority, Coimbatore District Coimbatore 3.The Superintendent of Prison Central Prison, Coimbatore 4.The Inspector of Police Peelamedu Police Station, Coimbatore 5.The Public Prosecutor, Madras High Court, Chennai.

6.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai - 9.

N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

nsd

04.11.2025