Madras High Court
Karpagam vs The Secretary To Government on 19 September, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
HCP.No.2149 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MRS. JUSTICE N.MALA
H.C.P.No.2149 of 2024
Karpagam ... Petitioner/Wife of
the Detenue
Vs.
1. The Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Secretariat,
Chennai - 600 009.
2. The District Magistrate & District Collector of
Kallakurichi District, Kallakurichi.
3. The Superintendent of Police,
Kallakurichi District, Kallakurichi.
4. The Superintendent of Prison,
Central Prison, Cuddalore.
5. The Inspector of Police,
Keezhkuppam Police Station,
Kallakurichi District. ... Respondents
Page 1 of 7
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HCP.No.2149 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 31.07.2024 in
D.O.No.C2/33/2024 against the petitioner husband Kumarasamy, male aged
50 years s/o. Sundaram, who is confined at Central Prison, Cuddalore and
set aside the same and direct the respondents to produce the detenue before
this court and set him at liberty.
For Petitioner : 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
31.07.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner, as well as the
learned Additional Public Prosecutor appearing for the respondents.
3. The Government Order in G.O.(D).No.194, Home, Prohibition
and Excise (XVI) Department dated 12.07.2024 enclosed in Volume-I of the
booklet served on the detenu has not been translated in the language known
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to the detenu. Thus, the detenu has been deprived of submitting his
representation in an effective manner.
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 detention has been held to be fatal to
continued detention, the detenu need not show that
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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.”
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5. 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.
6. For the aforesaid reasons,, the detention order passed by the
second respondent in proceedings D.O.No.C2/33/2024 dated 31.07.2024 is
hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz.,
Kumarasamy, aged 50 years, S/o.Sundaram, confined at Central Prison,
Cuddalore is directed to be set at liberty forthwith, unless his confinement is
required in connection with any other case.
[S.M.S., J.] [N.M., J.]
19.09.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
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To
1. The Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Secretariat,
Chennai - 600 009.
2. The Joint Secretary to Government,
Public (Law and Order) Department,
Fort St.George, Chennai - 9.
3. The District Magistrate & District Collector of
Kallakurichi District, Kallakurichi.
4. The Superintendent of Police,
Kallakurichi District, Kallakurichi.
5. The Superintendent of Prison,
Central Prison, Cuddalore.
6. The Inspector of Police,
Keezhkuppam Police Station,
Kallakurichi District.
7. The Public Prosecutor,
Madras High Court,
Chennai - 104.
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S.M.SUBRAMANIAM, J.
AND
N.MALA, J.
veda
19.09.2024
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