Prema v. The Additional Chief Secretary To The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Prema ... Petitioner -Vs1.The Additional Chief Secretary to Government of Tamil Nadu Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector cum District Magistrate Tirunelveli, Tirunelveli District

3. The Superintendent of Prison Central Prison, Palayamkottai

4. The Inspector of Police Ambasamudram Police Station Tirunelveli District

5. The Inspector of Police Kallidaikurichi Police Station Tirunelveli District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records pertaining to the detention in M.H.S.Confdl. No.70 of 2024 dated 29.04.2024 passed by the second respondent and set aside the same by setting the detenue by namely Azhagar @ Azhagar vijay, S/o.Azhagumuthu aged about 21 years and set him at liberty now detained at Central Prison, Palayamkottai For Petitioner : Mr. P.P.Alwin Balan For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

The petitioner is the mother of the detenue namely, Azhagar @ Azhagar vijay, S/o.Azhagumuthu aged about 21 years. The detenu has been detained by the second respondent by his order in Detention order No. M.H.S.Confdl No. 70 of 2024 dated 29.04.2024 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.

2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the detenue with the correct translated copy of remand order at page No.59. This deprived the detenu from making effective representation. Therefore, on this ground, the detention order is liable to be quashed.

4. On consideration of the submissions made on either side and upon perusal of the documents available on record of the booklet, it is clear that the detenue was not furnished with the correct translated copy of remand order at page No.59. Thus the impugned detention order is liable to be set aside on this ground.

5. In this context, it is useful to refer to the Judgment of the Honourable Supreme Court in the case of Powanammal vs. State of Tamil Nadu, reported in (1999) 2 SCC 413, wherein the Apex Court, after discussing the safeguards embodied in Article 22(5) of the Constitution of India, observed that the detenu should be afforded an opportunity of making a representation effectively against the detention order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. The relevant portion of the said decision is extracted hereunder: ''9. However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention.

Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order.

where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language.

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16. For the above reasons, in our view, the nonsupply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed.''

6. We find that the above cited Powanammal's case applies in all force to the case on hand as we find that the correct translated copy of remand order at page No.59 was not furnished to the detenue. This non furnishing of translated version of remand extension order to the detenu, has impaired his

constitutional right to make an effective representation against the impugned preventive detention order. To be noted, this constitutional right is ingrained in the form of a safeguard in Clause (5) of Article 22 of the Constitution of India. We, therefore, have no hesitation in quashing the impugned detention order.

7. In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention order No. M.H.S.Confdl No. 70 of 2024 dated 29.04.2024, passed by the second respondent is set aside. The detenu, viz., Azhagar @ Azhagar vijay, S/o.Azhagumuthu aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case. [C.V.K., J.] & [R.P., J.] 30.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No aav

To:

1.The Additional Chief Secretary to Government of Tamil Nadu Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector cum District Magistrate Tirunelveli, Tirunelveli District

3. The Superintendent of Prison Central Prison, Palayamkottai

4. The Inspector of Police Ambasamudram Police Station Tirunelveli District

5. The Inspector of Police Kallidaikurichi Police Station Tirunelveli District 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

C.V. KARTHIKEYAN , J.

AND R.POORNIMA, J.

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