Madras High Court
L.Anith vs The Principal Secretary To Government on 25 September, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan
H.C.P.(MD) No.778 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD) No.778 of 2024
L.Anith ... Petitioner /mother of the Detenue
-Vs-
1.The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate
Office of the District Collector and District Magistrate,
Theni District, Theni
3.The Superintendent,
Central Prison,
Madurai ... 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 in detention order passed in
Detention order No.16 of 2024 dated 19.03.2024 on the file of the second
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H.C.P.(MD) No.778 of 2024
respondent herein and set aside the same as illegal and direct the respondents to
produce the body or person of the petitioner's son namely Hitendra,
S/o.Lakshmanan, male aged about 19 years who is detained in Central Prison,
Madurai before this Court and set him at liberty forthwith.
For Petitioner : Mr.P.Aju Tagore
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
The petitioner is the mother of the detenue namely, Hitendra,
S/o.Lakshmanan aged about 19 years . The detenu has been detained by the
second respondent by his order in Detention order No.16 of 2024 dated
19.03.2024 holding him to be a "SEXUAL OFFENDER", as contemplated under
Section 2(ggg) 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 translated version of the certificate of examination for sexual
offence relied on by him. 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 the
translated version of the certificate of examination for sexual offence 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
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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
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
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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 translated version of the certificate of
examination for sexual offence was not furnished to the detenue. This non
furnishing of the certificate of examination for sexual offence in the translated
version 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 Detention order No.16 of 2024 dated 19.03.2024, passed by the
second respondent is set aside. The detenu, viz., Hitendra, S/o.Lakshmanan aged
about 19 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.]
25.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
To:
1.The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate
Office of the District Collector and District Magistrate,
Theni District, Theni
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3.The Superintendent,
Central Prison,
Madurai
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V. KARTHIKEYAN, J.
AND
R.POORNIMA, J.
aav
25.09.2024
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