Madras High Court
R.Udhayakumari vs State Of Tamilnadu Rep. By on 1 August, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.1458 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.1458 of 2024
R.Udhayakumari ... Petitioner
Vs.
1.State of Tamilnadu Rep. by
The Secretary to Government,
Home, Prohibition & Excise Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police,
Greater Chennai City.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai.
4.The Inspector of Police,
V-1, Villivakkam 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 relating to the order
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HCP.No.1458 of 2024
of detention passed by the 2nd respondent in
C.M.P.No.394/BCDFGISSSV/2024 dated 22-04-2024 under Tamil Nadu
Act 14 of 1982 against the petitioner Udhayakumari's son the detenu
Praveen Kumar, Aged 25 years, Son of Rajendran by designating him as
Drug Offender, now confined in Central Prison, Puzhal, Chennai and set
aside the same and direct the respondents to produce the detenu before
this Hon'ble Court and set him at liberty.
For Petitioner : Mr.P.Vishnu
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
Praveenkumar, aged about 25 years, S/o.Rajendran 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 "Drug
Offender" 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,
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Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of
1982].
2. Heard the learned counsel for the petitioner, as well as the
learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised in this Habeas Corpus
Petition, the learned counsel for the petitioner stated that the detention
order is liable to be quashed on the ground that the detenu was furnished
with improper translated copy of the First Information Report. Hence, it
is submitted that the detenu was deprived of making effective
representation.
4. On a perusal of the Booklet, it is seen that the entries made in
the First Information Report in English language has not been translated
in the vernacular language. This furnishing of improper translated copy
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
Hon'ble Supreme Court in the case of '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. But it would not be so where the document merely finds
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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.
7. Accordingly, the detention order passed by the second
respondent on 22.04.2024 in No.394/BCDFGISSSV/2024, is hereby set
aside and the Habeas Corpus Petition is allowed. The detenu namely
Praveenkumar, aged about 25 years, S/o.Rajendran, is directed to be set
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at liberty forthwith, unless his confinement is required in connection with
any other case.
[M.S.R., J] [S.M., J]
01.08.2024
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Tsg
To
1.State of Tamilnadu Rep. by
The Secretary to Government,
Home, Prohibition & Excise Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police,
Greater Chennai City.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai.
4.The Inspector of Police,
V-1, Villivakkam Police Station,
Chennai.
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5.The Public Prosecutor,
High Court, Madras.
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M.S.RAMESH, J.
and
SUNDER MOHAN, J.
Tsg
01.08.2024
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