Tamilselvam @ Kuttysakku v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023
CORAM
The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.1258 of 2022 Tamilselvam @ Kuttysakku .. Petitioner / 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 Office of the District Collector and District Magistrate Madurai District 3.The Superintendent of Prison, Madurai Central Prison, Madurai District.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records connected with the detention order of the respondent No.2 in BCDFGISSSV No.45/2022 dated 28.06.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Tamilselvam @ Kuttisakku, son of
Sivakumar @ Thangaraj aged about 27 years, now detained at Madurai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SURESH KUMAR, J.] Challenging the impugned detention order of the 2nd respondent in his proceedings in BCDFGISSSV No.45/2022 dated 28.06.2022 and produce the detenu namely Tamilselvam @ Kuttisakku, S/o.Sivakumar @ Thangaraj, aged about 27 years, now is confined in Central Prison, Madurai, before this Court, this Habeas Corpus Petition has been filed.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. Among various grounds raised by the petitioner, one prime ground that he has raised is that even though the remand report under which the detenu has been remanded in the ground case, where he was arrested on
09.03.2022, has been relied upon by the detaining authority as part of the materials to come to a subjective satisfaction, that remand report in English version alone has been served on the detenu, however, no vernacular copy of the same has been served, despite the fact that the detenu does not know English. Therefore, having gone through the same, on this simple point, we feel that the impugned order can be interfered with.
4. In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.45/2022 dated 28.06.2022 passed by the second respondent is set aside. The detenu, viz., Tamilselvam @ Kuttisakku, S/o.Sivakumar @ Thanjaraj aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case. (R.S.K.,J.) (K.K.R.K.,J.) 21.06.2023 Index : Yes/No Internet : Yes RR
To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate Office of the District Collector and District Magistrate Madurai District 3.The Superintendent of Prison, Madurai Central Prison, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
R.SURESH KUMAR,J.
and K.K.RAMAKRISHNAN,J.
RR H.C.P.(MD)No.1258 of 2022 21.06.2023