Madras High Court
Sivasuriyan vs The Additional Chief Secretary To ... on 6 June, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
H.C.P.(MD) No.168 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
H.C.P.(MD) No.168 of 2024
Sivasuriyan ... Petitioner
-vs-
1.The Additional Chief Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Chennai-600 009
2.The District Magistrate and
District Collector
Thoothukudi District
Thoothukudi
3.The Superintendent of Prison
Palayamkottai Central Prison
Tirunelveli District ... Respondents
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 H.S.
(M) Confdl.No.164/2023, dated 30.11.2023, on the file of the second
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H.C.P.(MD) No.168 of 2024
respondent and quash the same and direct the respondents herein to produce
the body of the petitioner, namely, Sivasuriyan, son of Sekar, aged about 26
years, now confined in Central Prison, Palayamkottai, before this Court and
set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The petitioner, by name, Sivasuriyan, son of Sekar, aged 26 years,
is the detenue. He has been detained by the second respondent by his order
in H.S.(M) Confdl.No.164/2023, dated 30.11.2023, 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.
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.
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3. Though several grounds have been raised in the habeas corpus
petition, learned counsel for the petitioner submitted that the Detaining
Authority, while detaining the detenu, has relied on remand extension order,
which is available at Page No.157 of the typed set of papers and it is in
English language. Though the petitioner asked for translated copy of the
same in the vernacular language, the same has not been furnished by the
Detaining Authority. It is, therefore, stated that the detenu is deprived of his
valuable right to make an effective representation.
4. On a perusal of the Booklet, this Court finds that the translated
copy of the remand extension order relied on by the Detaining Authority at
Page No.157 of the typed set of papers, in vernacular language, has not been
furnished to the detenu. Therefore, we are of the view that the non-furnishing
of the said document would deprive the detenu of his valuable right to make
an effective representation. It is in the said circumstances, this Court finds
that the impugned detention order passed by the Detaining Authority is
vitiated.
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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:
''6. The short question that falls for our
consideration is whether failure to supply the Tamil version
of the order of remand passed in English, a language not
known to the detenue, would vitiate her further detention.
...
...
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
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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 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 that non-furnishing of translated copy of
the remand extension order relied on by the Detaining Authority at Page No.
157 of the typed set of papers, in vernacular language, to the detenu, has
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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.
7. In the result, the Habeas Corpus Petition is allowed and the
order of detention in H.S.(M) Confdl.No.164/2023, dated 30.11.2023, passed
by the second respondent is set aside. The detenu, viz., Sivasuriyan, son of
Sekar, aged 26 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.]
06.06.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Magistrate and
District Collector,
Thoothukudi District,
Thoothukudi.
3.The Superintendent of Prison,
Palayamkottai Central Prison,
Tirunelveli District.
4.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
06.06.2024
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