Madras High Court
Jothika vs The Additional Chief Secretary To ... on 21 October, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan
H.C.P.(MD) No.620 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD) No.620 of 2024
Jothika ... Petitioner / sister-in-law of the Detenu
-Vs-
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Magistrate and District Collector
Office of the District Magistrate and District Collector,
Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison,
Palayamkottai Central Prison,
Tiruneveli District.
4.The Superintendent of Prison,
Perurani District Jail,
Thoothukudi District. ... Respondents
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H.C.P.(MD) No.620 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus to call for the entire records connected with the detention
order of the second respondent in HS.(M) Confdl.No.44/2024 dated 24.04.2024
and quash the same and direct the respondents to produce the body or person of
the detenu by name Sudhakar, son of Sesu, aged about 28 years, now detained as
“Goonda” atmPerurani Central Prison, Thoothukudi District, before this Court
and set him at liberty forthwith.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
The brother-in-law of the petitioner, detenue, namely, Sudhakar, son of
Sesu, aged about 28 years. The detenu has been detained by the second
respondent by his order in HS.(M) Confdl.No.44/2024 dated 24.04.2024, 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 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 detaining authority, while detaining the detenu, has not
furnished the translated copies of the remand order relied on by him. This
deprived the detenu from making effective representation. Therefore, on this
ground, the detention order is liable to be quashed.
4. On consideration of the submissions made on either side and upon
perusal of the documents available on record of the booklet, it is clear that the
translated copy of the remand order has not been furnished to the detenue. Thus
the impugned detention order is liable to be set aside on this ground.
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
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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 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.
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...
...
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 the translated copy of the remand order
was not furnished to the detenue. This non furnishing of remand order in the
translated version 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 HS.(M) Confdl.No.44/2024 dated 24.04.2024, passed by the second
respondent is set aside. The detenu, viz., Sudhakar, son of Sesu aged about
28 years, is directed to be released forthwith unless his detention is required in
connection with any other case.
[C.V.K., J.] & [R.P., J.]
21.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
LS
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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
Office of the District Magistrate and District Collector,
Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison,
Palayamkottai Central Prison,
Tiruneveli District.
4.The Superintendent of Prison,
Perurani District Jail,
Thoothukudi District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V. KARTHIKEYAN, J.
AND
R.POORNIMA, J.
LS
21.10.2024
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