A division bench of the Madras High Court comprising of Justice RMT. Teekaaraman and Justice P.N. Prakash allowed a Habeas Corpus Petition filed against the District Collector of the Chengalpattu District for detaining the petitioner/detenu when the remand order made against him was not properly translated in the vernacular language of the detenu, depriving him from making an effective representation.
Facts:
The petitioner/detenu viz., Sukirthan @ Felix s/o. Alagesan, aged about 24 years, was detained by the second respondent by his order in CPT No.16/2022 dated 04.03.2022, holding 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. The learned counsel for the petitioner mainly focused his argument on the ground that the remand order pertaining to the ground case has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on these grounds, he contended that the detention order is liable to be quashed.
Observations of the Court:
The judges perused the documents available on record and concluded that it was clear that the remand order pertaining to the ground case had not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground. The habeas Corpus petition was allowed and the order of detention in CPT No. 16/2022 passed by the second respondent was set aside.
Decision: The detenu, Sukirthan @ Felix was directed to be released.
Case: Sukirthan @ Felix vs The Secretary to Government and others
Citation: H.C.P. No. 1786 of 2022
Coram: Justice RMT. Teekaaraman and Justice P.N. Prakash
Pronounced on: 28.10.2022
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