Madras High Court
Ilakkiya vs The State Represented By on 11 September, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
HCP.No.2091 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.2091 of 2024
Ilakkiya ... Petitioner
Vs.
1.The State represented by
Secretary to Government (Home),
Prohibition and Excise Department,
Fort St.George, Chennai – 600 009.
2.The District Collector and Magistrate,
Vellore, Vellore District.
3.The Superintendent of Police,
Vellore, Vellore District.
4.The Superintendent of Prisons,
Office of the Superintendent of Prisons,
Central Prison, Vellore,
Vellore District.
5.The Inspector of Police,
Gudiyatham Taluk Police Station,
Vellore District. .... Respondents
Page 1 of 5
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HCP.No.2091 of 2024
PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ
of Habeas Corpus, calling for the entire records in pursuant to the detention order
issued by the 2nd respondent vide C3/D.O.No.42/2024 dated 16.07.2024 and set
aside the same and consequentially direct the respondent to produce the detenu
Muthu S/o.Sandhar aged about 29 years now confined at Central Prison, Vellore,
Vellore District before this Court and set him at liberty forthwith.
For Petitioner : Mr. M.Sathishkumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The order of detention passed by the second respondent herein in
C3/D.O.No.42/2024 dated 16.07.2024 is sought to be quashed in the present
Habeas Corpus Petition.
2.Page No.28 in booklet No.I has not been translated in the language known
to the detenu. Thus, the detenu is deprived of submitting an effective
representation, which is a valuable right provided to the detenu under Act 14 of
1982.
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3.The issue regarding serving of translated version of the documents in the
preventive detention order has been dealt with by the Three Judges Bench of the
Hon'ble Supreme Court of India in the case of Powanammal Vs. The State of
Tamil Nadu and others reported in 1999 2 SCC 413. The Apex Court held that
non supply of the copy of the documents relied on in the grounds of detention has
been held to be fatal to continued detention, the detenue need not show that any
prejudice is caused to him. This is because 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.
The Court further reiterated that what applies to a document, would equally apply
to furnishing translated copy of the document in the language known to and
understood by the detenu, should the document be in a different language. The
Apex Court had not made any distinction between non serving of a document and
the translated copy of the document in the known language of the detenu.
4.In view of the said judgment of the Apex Court, the present Habeas
Corpus Petition has to be considered. Consequently, the impugned order of
detention in C3/D.O.No.42/2024 dated 16.07.2024, is quashed and the Habeas
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Corpus Petition stands allowed. The detenue, namely, Muthu S/o.Sandhar, aged
about 29 years, now confined in Central Prison, Vellore, is directed to be set at
liberty forthwith unless he is otherwise required in connection with any other case.
[S.M.S., J.] [V.S.G., J.]
sli 11.09.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
To
1.The State represented by
Secretary to Government (Home),
Prohibition and Excise Department,
Fort St.George, Chennai – 600 009.
2.The District Collector and Magistrate,
Vellore, Vellore District.
3.The Superintendent of Police,
Vellore, Vellore District.
4.The Superintendent of Prisons,
Office of the Superintendent of Prisons,
Central Prison, Vellore, Vellore District.
5.The Inspector of Police,
Gudiyatham Taluk Police Station,
Vellore District.
6.The Public Prosecutor,
High Court, Madras.
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S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
sli
11.09.2024
https://www.mhc.tn.gov.in/judis
