Madras High Court
Eshwari vs The Additional Chief Secretary To ... on 1 August, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.1425 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1425 of 2024
Eshwari ... Petitioner/mother of the detenu
Vs.
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Dept.,
Secretariat,
Chennai 600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai – 600 066.
4.The Inspector of Police, Law and Order,
N-4 Fishing Harbour Police Station,
Chennai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the records in connection with
the order of Detention passed by the second respondent dated 22.04.2024
Page 1 of 8
https://www.mhc.tn.gov.in/judis
HCP.No.1425 of 2024
in No.396/BCDFGISSSV/2024 against the Petitioner's Son Prakash Raj @
Pillaiyar Prakash, Male aged 24 years, S/o.Kathirvel who is confined at
Central Prison, Puzhal and set aside the same and direct the respondents to
produce the detenue before the Hon'ble Court and set him at liberty.
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
The petitioner herein, who is the mother of the detenu namely
Prakash Raj @ Pillaiyar Prakash, S/o.Kathilvel, aged 24 years, detained at
Central Prison, Puzhal, Chennai, has come forward with this petition
challenging the detention order passed by the second respondent dated
22.04.2024 slapped on her son, branding him as "Goonda" under the
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law
Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video
Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
https://www.mhc.tn.gov.in/judis
2. Heard the learned counsel for the petitioner, as well as the learned
Additional Public Prosecutor appearing for the respondents.
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 Government Order in G.O.(D).No.82,
Home, Prohibition and Excise (XVI) Department dated 15.04.2024 has
not been translated in vernacular language. This deprived the detenu from
making effective representation. Therefore, on the sole ground, the
detention order is liable to be quashed.
4. On perusal of the documents available on record, particularly in
Page Nos.73 and 75 of the booklet, a copy of the Government Order in
G.O.(D).No.82, Home, Prohibition and Excise (XVI) Department dated
15.04.2024 is available and the translated copy in vernacular version of the
same has not been furnished to the detenue. Therefore, the detenue is
deprived from making effective representation and that the Detention
Order passed by the Detaining Authority is vitiated.
https://www.mhc.tn.gov.in/judis
5. In this context, it is useful to refer to the judgment of the Hon'ble
Supreme Court in 'Powanammal Vs. State of Tamil Nadu' reported in
'(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the
safeguards embodied in Article 22[5] of the Constitution, observed that the
detenu should be afforded an opportunity of making 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. In the said context, the Hon'ble Supreme Court has held in
Paragraphs 9 and 16 {as in SCC journal} as follows:
“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.
https://www.mhc.tn.gov.in/judis
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 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 non-supply 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. In view of the ratio laid down by the Hon'ble Supreme Court and
in view of the aforesaid facts, this Court is of the view that the detention
order is liable to be quashed.
https://www.mhc.tn.gov.in/judis
7. Hence, for the aforesaid reasons, the detention order passed by
the second respondent on 22.04.2024 in No.396/BCDFGISSSV/2024, is
hereby set aside and the Habeas Corpus Petition is allowed. The detenu
viz., Prakash Raj @ Pillaiyar Prakash, S/o.Kathilvel, aged 24 years,
detained at Central Prison, Puzhal, Chennai, is directed to be set at liberty
forthwith, unless he is required in connection with any other case.
[M.S.R., J] [S.M., J]
01.08.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
Tsg
https://www.mhc.tn.gov.in/judis
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Dept.,
Secretariat,
Chennai 600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai – 600 066.
4.The Inspector of Police, Law and Order,
N-4 Fishing Harbour Police Station,
Chennai.
5.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
Tsg
01.08.2024
https://www.mhc.tn.gov.in/judis
