Madras High Court
L.Sollaiyappan vs The State Of Tamil Nadu on 29 April, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
H.C.P.(MD) No.1581 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
H.C.P.(MD) No.1581 of 2023
L.Sollaiyappan ... Petitioner
-vs-
1.The State of Tamil Nadu
rep.by its Principal Secretary to Government
Home, Prohibition and Excise (IX) Department
Secretariat, Chennai-600 009
2.The District Collector and
District Magistrate
Virudhunagar District
3.The Superintendent of Prison
Central Prison
Arasaradi
Madurai District
4.The Superintendent of Prison
District Jail
Virudhunagar District ... Respondents
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https://www.mhc.tn.gov.in/judis
H.C.P.(MD) No.1581 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus to call for the entire records in detention order in
Cr.M.P.No.29/2023 (Goonda), dated 28.10.2023, on the file of the second
respondent and quash the same and direct the respondents herein to produce
the body of the petitioner's son, namely, Madeswaran, son of Solaiyappan,
aged about 33 years, now confined in District Jail, Virudhunagar, before this
Court and set him at liberty forthwith.
For Petitioner : Mr.R.Suresh Kumar
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The petitioner is the father of the detenu viz., Madeswaran, aged
about 33 years. The detenu has been detained by the second respondent by
his order in Cr.M.P.No.29/2023 (Goonda), dated 28.10.2023, 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.
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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 several points have been raised by the learned counsel
for the petitioner, it is stated that the detention order is liable to be quashed
on the ground that the detenu was furnished with improper translated copy of
the document available at Page No.89 of the booklet. Hence, it is submitted
that the detenu was deprived of making effective representation.
4. On a perusal of the Booklet, it is seen that paragraph No.3 of
the document available at Page No.89 of the Booklet, which is the bail petition,
furnished to the detenu, has not been fully translated in the vernacular
language and a portion of the said paragraph alone has been translated.
Translated copy of the said document is available at Page No.93. This
furnishing of improper translation of the vital document would deprive the
detenu of making effective representation to the authorities against the order
of detention.
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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. But it would not
be so 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
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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.
...
...
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 improper translation of the document
available at Page No.89 of the Booklet in the vernacular language. This
furnishing of improper translation of the document in the vernacular
language, 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.
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7. In the result, the Habeas Corpus Petition is allowed and the
order of detention in Cr.M.P.No.29/2023 (Goonda), dated 28.10.2023, passed
by the second respondent is set aside. The detenu, viz., Madeswaran, son of
Solaiyappan, aged about 33 years, is directed to be released forthwith unless
his detention is required in connection with any other case.
[A.D.J.C., J.] [K.R.S., J.]
29.04.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Principal Secretary to Government,
Home, Prohibition and Excise (IX) Department,
State of Tamil Nadu,
Secretariat, Chennai-600 009.
2.The District Collector and
District Magistrate,
Virudhunagar District.
3.The Superintendent of Prison,
Central Prison,
Arasaradi,
Madurai District.
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4.The Superintendent of Prison,
District Jail,
Virudhunagar District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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A.D.JAGADISH CHANDIRA, J.
AND
K.RAJASEKAR, J.
krk
29.04.2024
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