Madras High Court
Jayakandhan vs The Secretary To The Government on 30 October, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
HCP.No.2383 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.2383 of 2024
Jayakandhan ... Petitioner/Father of the
detenu
Vs.
1. The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2. District Collector and District Magistrate,
Cuddalore District, Cuddalore.
3. The Superintendent of Police,
Cuddalore District, Cuddalore.
4. The Superintendent of Prison,
Central Prison, Cuddalore - 4.
5. The Inspector of Police,
Neyveli Thermal Police Station,
Cuddalore District. ... Respondents
Page 1 of 7
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HCP.No.2383 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, call for the records in connection with the
order of detention passed by the second respondent dated 27.06.2024 in
C3/D.O.No.58/2024 against the petitioner son Gunaseelan, Male aged 24
years, S/o. Jayakandhan, who is confined at Central Prison, Cuddalore and
set aside the same and direct the respondents to produce the detenu before
this Court and set him at liberty.
For Petitioner : Mr. M.Mohamed Saifulla
for Mr.D.Balaji
For Respondents : Mr. E. Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The preventive detention order passed by the second respondent
dated 27.06.2024 is sought to be quashed in the present habeas corpus
petition.
2. Heard the learned counsel for the petitioner, as well as the
learned Additional Public Prosecutor appearing for the respondents.
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3. The Remand Order enclosed at page no.136 of the Booklet
served on the detenue has not been translated in the language known to the
detenue. Thus, the detenu is deprived from making effective representation
and that the Detention Order passed by the Detaining Authority is vitiated.
4. 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
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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.
..... 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.”
5. In view of the ratio laid down by the Hon'ble Supreme Court
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and in view of the aforesaid facts, this Court is of the view that the detention
order is liable to be quashed.
6. Hence, for the aforesaid reasons, the detention order passed by
the second respondent in proceedings C3/D.O./58/2024 dated 27.06.2024 is
hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz.,
Gunaseelan, aged 24 years, S/o. Jayakandhan confined at Central Prison,
Cuddalore 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.]
30.10.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
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To
1. The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2. The Joint Secretary to Government,
Public (Law and Order) Department,
Fort St.George, Chennai - 9.
3. District Collector and District Magistrate,
Cuddalore District, Cuddalore.
4. The Superintendent of Police,
Cuddalore District, Cuddalore.
5. The Superintendent of Prison,
Central Prison, Cuddalore - 4.
6. The Inspector of Police,
Neyveli Thermal Police Station,
Cuddalore District.
7. The Public Prosecutor,
Madras High Court,
Chennai - 104.
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S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
veda
30.10.2024
https://www.mhc.tn.gov.in/judis
