V.Ranjitha v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Fifth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN AND The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD V.Ranjitha ... Petitioner/Wife of the detenu Vs 1 The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009 2 The District Collector and District Magistrate, Thoothukudi District Thoothukudi 3 The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli ... Respondents Prayer :
This Petition is filed under Article 226 of Constitution of India to issue a writ of Habeas Corpus to call for the entire records connected with the detention order passed in H.S.(M) Confdl No.04/2024 dt 29-01-2024 on the file of the 2nd 1/5
respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioners husband i.e., Velmurugan @ Pana Velmurugan, son of Ravi, aged about 29 years, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.N.Pragalathan, Advocate for the Petitioner and of Thiru.S.Ravi, Additional Public Prosecutor for the respondents, this Court made the following order: We are constrained to allow H.C.P(MD)No.622 of 2024 on the ground relating to the detenu Vel Murugan @ Pana Vel Murugan, aged 29, son of Ravi, who was remanded by the learned Judicial Magistrate No.I, Thoothukudi, on 31.
12.2023 in Crime No.533 of 2023 and we confess, we are not able to understand even a single word which had been written by the learned Judicial Magistrate. It is only natural that the respondents would not have even attempted to translate the same in Tamil. They would also not be in a position to understand on what ground the remand order was made.
importantly, whether the accused has anything to state about the case.
2. The High Court, has under the aegis of the Government provided computers, laptops and every other facilities to every Magistrate and Officer of the Judiciary and it could not have taken any effort for the learned Magistrate to have attempted to type out the remand order in his laptop available in his residence and provide a legible copy, so that, the respondents would be in a position to translate the same. This could also be an indication that the Magistrate did not know how to pass a remand order and to cover up the same, had just scribbled a few words running to a page and a half and termed it as remand of the prisoner. It would also affect the fundamental right of the prisoner to understand as to why he was being sent to judicial custody.
3. The Registry to call for explanation from the learned Judicial Magistrate No.II, Thoothukudi who so functioned on 31.12.2023. Registry may direct the learned Chief Judicial Magistrate, Thoothukudi, to determine who was actually the Magistrate who was functioning in-charge of Judicial Magistrate No.II on 31.12.2023 and as to the name of the actual Officer who had passed the remand order on 31.12.2023 and ask the learned Judicial Magistrate concerned to type out 3/5
his own remand order and indicate how long it took him to read his own order and an explanation as to why a legible copy was not written down by him in the first instance.
4. Explanation by the learned Judicial Magistrate to be forwarded by 30.09.2024. A copy of Page Nos.55 and 56 may be enclosed along with this order by the Registry and forwarded to the Chief Judicial Magistrate, Thoothukudi, for forwarding the explanation of the concerned Judicial Magistrate.
5. Registry should call for explanation to be submitted on or before 30.09.2024.
Sd/- Assistant Registrar (CO) // True Copy // /09/2024 Sub Assistant Registrar (CS- I, II, III, IV) RM TO
1. The Chief Judicial Magistrate, Thoothukudi ( Copy of Page Nos.55 and 56 of Booklet is enclosed) 4/5
2. The Registrar Judicial Madurai Bench of Madras High Court, Madurai
3. The Section Officer "B Section Madurai Bench of Madras High Court, Madurai
4. The Section Offficer, Criminal Section, Madruai Bench of Madras High Court Madurai ORDER DATED : 05/09/2024 ==========================
ORDER
========================== Giving direction and etc.
as stated within.
RD(18.09.2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5