Nillofer Nisha, v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.926 of 2016 Nillofer Nisha : Petitioner Vs.

1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, O/o. The District Magistrate and District Collector, Ramnad Town, Ramanathapuram District.

3.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

4.The Superintendent of Central Prison, Madurai Central Prison, Madurai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the entire records connected with the detention order in Cr.M.P.No.12/Goonda/2016, dated 15.04.2016, on the file of the respondent No.2 and quash the same and direct the respondents to produce the body and person of the petitioner's brother Nari @ Abdul Rahman, S/o.Kulam Mohaideen, aged about 33 years now confined at Central Prison, Madurai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor *********

ORDER

****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the sister of the detenu - Nari @ Abdul Rahman, S/o.Kulam Mohaideen, aged about 33 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.12/Goonda/2016, dated 15.04.2016, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

2. Though a number of grounds have been raised assailing the order of detention, at the time of making submission, the learned counsel for the petitioner submitted that the Detaining Authority, while arriving at the subjective satisfaction that there is likelihood of the detenu coming out on bail, has relied upon the bail granted in a similar case registered in Crime No.153 of 2013, on the file of Uchipuli Police Station, for an offence under Section 392 IPC. However, the bail application filed by the accused Quarter Govindan @ Govindaraj, in Crime No.153 of 2013 was in English. Though a request was made to give Tamil version of the bail application, the same was not furnished. Therefore, nonfurnishing of Tamil version of the bail application filed in a similar case would vitiate the order of detention.

3. We find some force in the argument advanced by the learned counsel for the petitioner. Therefore, on that ground, the impugned detention order is liable to be set aside.

4. In the result, this Habeas Corpus Petition is allowed and the impugned Detention Order, passed by the second respondent, in his proceedings in Cr.M.P.No.12/Goonda/2016, dated 15.04.2016, is quashed. The detenu, namely Nari @ Abdul Rahman, S/o.Kulam Mohaideen, aged about 33 years, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.

Sd/- Assistant Registrar(Accounts) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, O/o. The District Magistrate and District Collector, Ramnad Town, Ramanathapuram District.

3.The Superintendent of Central Prison, Madurai Central Prison, Madurai.

4.The Joint Secretary to Government Public(Law and Order) Fort St.George, Chennai-9 5.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SML sva/10.01/2017/3p/7c Order made in H.C.P.(MD)No.926 of 2016 Dated: 22.12.2016