Madras High Court
Vellaiyammal vs The State Of Tamil Nadu on 5 September, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
HCP.No.1998 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.1998 of 2024
Vellaiyammal ... Petitioner/Mother
of the Detenue
Vs.
1. The State of Tamil Nadu,
Rep.by its Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2. The District Collector and District Magistrate of
Vellore District, Vellore.
3. The Superintendent of Police,
Vellore District, Vellore.
4. The Superintendent of Prison,
Central Prison, Vellore,
Vellore District.
5. The Inspector of Police,
Virinchipuram Police Station,
Vellore District. ... Respondents
Page 1 of 8
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HCP.No.1998 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the records in connection with the
order of detention passed by the second respondent dated 22.07.2024 in
C3.D.O.No.55/2024 against the petitioner's husband by name Thiru.Karthi,
S/o. Selvaraj, aged about 21 years, now confined at Central Prison, Vellore,
Vellore District and set aside the same and direct the respondents to produce
the above said detenue before this Court and set him at liberty.
For Petitioner : Mr.E.Kannadasan
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 22.07.2024 is sought to be quashed in the present habeas corpus
petition.
2. Heard the learned counsel for the petitioner, as well as the learned
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Additional Public Prosecutor appearing for the respondents.
3. Though several points have been raised by the learned counsel for
the petitioner, it is stated that the detention order is liable to be quashed on
the ground that the detenu was furnished with illegible copies in volume-II
of the booklet. Hence, it is submitted that the detenu was deprived of
making effective representation.
4. On a perusal of the Booklet, it is seen that Page Nos.13 to 15 in
Volume-II of the booklet furnished to the detenue, are illegible. This
furnishing of illegible copies of the vital document would deprive the
detenu of making effective representation to the authorities against the order
of detention.
5. 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
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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
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
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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.”
6. 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.
7. Hence, for the aforesaid reasons, the detention order passed by the
second respondent in proceedings C3/D.O.No.55/2024 dated 22.07.2024 is
hereby set aside and the Habeas Corpus Petition is allowed. The detenu
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viz., Karthi, S/o.Selvaraj, aged 21 years confined at Central prison, Vellore
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.]
05.09.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
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To
1. The State of Tamil Nadu,
Rep.by its Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Fort St.George, Secretariat,
Chennai - 600 009.
2. The Joint Secretary to Government,
Public (Law and Order) Department,
Fort St.George, Chennai - 9.
3. The District Collector and District Magistrate of
Vellore District, Vellore.
4. The Superintendent of Police,
Vellore District, Vellore.
5. The Superintendent of Prison,
Central Prison, Vellore,
Vellore District.
6. The Inspector of Police,
Virinchipuram Police Station,
Vellore District.
7. The Public Prosecutor,
Madras High Court,
Chennai - 104.
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S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
veda
05.09.2024
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