Madras High Court
Prema vs The Additional Chief Secretary To ... on 30 October, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan
H.C.P.(MD) No.831 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :30.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD) No.831 of 2024
Prema ... Petitioner
-Vs-
1.The Additional Chief Secretary to Government of Tamil Nadu
Home, Prohibition and Excise Department,
Fort St. George, Chennai-600 009.
2.The District Collector cum District Magistrate
Tirunelveli, Tirunelveli District
3. The Superintendent of Prison
Central Prison,
Palayamkottai
4. The Inspector of Police
Ambasamudram Police Station
Tirunelveli District
5. The Inspector of Police
Kallidaikurichi Police Station
Tirunelveli District ... Respondents
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H.C.P.(MD) No.831 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus calling for the records pertaining to the detention in
M.H.S.Confdl. No.70 of 2024 dated 29.04.2024 passed by the second respondent
and set aside the same by setting the detenue by namely Azhagar @ Azhagar
vijay, S/o.Azhagumuthu aged about 21 years and set him at liberty now detained
at Central Prison, Palayamkottai
For Petitioner : Mr. P.P.Alwin Balan
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
The petitioner is the mother of the detenue namely, Azhagar @ Azhagar
vijay, S/o.Azhagumuthu aged about 21 years. The detenu has been detained by
the second respondent by his order in Detention order No. M.H.S.Confdl No. 70
of 2024 dated 29.04.2024 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.
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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.
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 detenue with the correct translated copy of remand order at page
No.59. 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
detenue was not furnished with the correct translated copy of remand order at
page No.59. Thus the impugned detention order is liable to be set aside on this
ground.
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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:
''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
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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 the correct translated copy of remand
order at page No.59 was not furnished to the detenue. This non furnishing of
translated version of remand extension order to the detenu, has impaired his
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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 Detention order No. M.H.S.Confdl No. 70 of 2024 dated 29.04.2024,
passed by the second respondent is set aside. The detenu, viz., Azhagar @
Azhagar vijay, S/o.Azhagumuthu aged about 21 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.]
30.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
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https://www.mhc.tn.gov.in/judis
To:
1.The Additional Chief Secretary to Government of Tamil Nadu
Home, Prohibition and Excise Department,
Fort St. George, Chennai-600 009.
2.The District Collector cum District Magistrate
Tirunelveli, Tirunelveli District
3. The Superintendent of Prison
Central Prison,
Palayamkottai
4. The Inspector of Police
Ambasamudram Police Station
Tirunelveli District
5. The Inspector of Police
Kallidaikurichi Police Station
Tirunelveli District
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V. KARTHIKEYAN, J.
AND
R.POORNIMA, J.
aav
30.10.2024
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