Madras High Court
Malarkodi vs The Secretary To Government on 18 October, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
HCP.No.2438 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.2438 of 2024
Malarkodi ... Petitioner
Vs.
1.The Secretary to Government,
Home, Prohibition & Excise (XVI) Department,
Secretariat., Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Superintendent of Prison,
Central Prison,
Puzhal, Chennai.
4.The Inspector of Police,
S-7, Madipakkam Police Station,
Chennai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the entire records connected with
the detention order in BCDFGISSSV.NO.832 OF 2024 dated 09.08.2024
on the file of the Respondent No.2 and Quash the same and direct the
Respondents to produce the body and person of Petitioner son one named
Page 1 of 6
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HCP.No.2438 of 2024
MR.KUMARAN @ COACH S/O.PANDIAN AGED ABOUT 35 YEARS
now confined at Central Prison Puzhal before this Court and set him at
Liberty forthwith.
For Petitioner : Mr.P.Muthamizhselvakumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The order of detention passed by the 2nd respondent in proceedings
BCDFGISSSV.NO.832 OF 2024 dated 09.08.2024 is sought to be quashed
in the present Habeas Corpus Petition.
2.The 161 statement relied by the detaining authority, which is
enclosed in the typeset of paper in Page No.121 (volume-I) is undated.
Thus, the detenue has been deprived of submitting representation in an
effective manner.
3. In this context, it is useful to refer to the judgment of the Hon'ble
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Supreme Court in 'Powanammal Vs. State of Tamil Nadu'1. The Hon'ble
Supreme Court, after discussing the safeguards embodied in Article 22[5]
of the Constitution, observed that the detenue 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 detenue, 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.
11999 2 SCC 413
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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.”
4. 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.
5. Hence, for the aforesaid reason, the detention order passed by the
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second respondent in proceedings BCDFGISSSV.NO.832 OF 2024 dated
09.08.2024 is quashed and the Habeas Corpus Petition is allowed. The
detenue viz., MR.KUMARAN @ COACH S/O.PANDIAN AGED ABOUT
35 YEARS now confined at Central Prison, Puzhal, is directed to be set at
liberty forthwith, unless he is required in connection with any other case.
[S.M.S., J.] [V.S.G., J.]
18.10.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
gd
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S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
gd
To
1.The Secretary to Government,
Home, Prohibition & Excise (XVI) Department,
Secretariat., Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Superintendent of Prison,
Central Prison,
Puzhal, Chennai.
4.The Inspector of Police,
S-7, Madipakkam Police Station,
Chennai District.
5.The Public Prosecutor,
Madras High Court.
18.10.2024
https://www.mhc.tn.gov.in/judis
