Madras High Court
Nanthakumar vs The Additional Chief Secretary To ... on 4 September, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan, J.Sathya Narayana Prasad
H.C.P.(MD) No.397 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
H.C.P.(MD) No.397 of 2024
Nanthakumar ... Petitioner / Detenue
-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,
Central Prison, Palayamkottai
Tirunelveli ... 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 connected with the detention
order of the second respondent in H.S(M)Confdl. No.06/2024 dated
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H.C.P.(MD) No.397 of 2024
16.02.2024and quash the same and direct the respondents to produce the body or
person of the detenue by name Nanthakumar, son of Sakthivel, aged about 23
years, now detained as GOONDA at Palayamkottai Central Prison before this
court and set him at liberty forthwith
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
The petitioner, detenue namely, Nanthakumar, son of Sakthivel, is aged
about 23 years. The detenu has been detained by the second respondent by his
order in H.S(M)Confdl. No.06/2024 dated 16.02.2024, 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 legible copies of the documents relied on by him. This deprived the
detenu from making effective representation. Therefore, on these 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 especially Page No.83 of the
booklet, it is clear that the legible copy of the initial remand order copy 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 initial Remand Order was not
furnished to the detenue with legible copy. This non furnishing of initial remand
order 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 H.S(M)Confdl. No.06/2024 dated 16.02.2024, passed by the second
respondent is set aside. The detenu, viz., Nanthakumar, son of Sakthivel, is aged
about 23 years, is directed to be released forthwith unless his detention is required
in connection with any other case.
[C.V.K., J.] & [J.S.N.P., J.]
04.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
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.
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3.The Superintendent,
Central Prison, Palayamkottai
Tirunelveli
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V. KARTHIKEYAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
aav
04.09.2024
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