Madras High Court
Naveen Kumar vs The Secretary To Government on 26 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
H.C.P.No.778 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
H.C.P.No.778 of 2025
Naveen Kumar ... Petitioner
Vs.
1.The Secretary to Government,
Home, Prohibition & Excise Department,
Fort St. George,
Chennai-600 009.
2.The District Collector and District Magistrate
Thiruvannamalai District
Thiruvannamalai
3.The Superintendent of Police
Thiruvannamalai District
Thiruvannamalai
4.The Superintendent of Prison
Central Prison Salem
Salem District
5.The Inspector of Police
Arani Town Police Station
Thiruvannamalai District ... Respondents
Page 1 of 8
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H.C.P.No.778 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the records pertaining to the
order of detention passed by the 2nd respondent in D.O.No.10/2025-C2
dated 07.03.2025 against the petitioner's brother Babu,
S/o.Pachaiyappan, male aged 30 years, now confined in Central Prison,
Salem and set aside the same and direct the respondents to produce the
detenu before this Court and set him at liberty.
For Petitioner : Mr.M.Vignesh
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
V.LAKSHMINARAYANAN, J.
The petitioner herein, who is the brother of the detenu, viz. Babu,
aged 30 years, S/o.Pachaiyappan, confined at Central Prison, Salem, has
come forward with this petition challenging the detention order passed
by the second respondent dated 07.03.2025 slapped on his brother,
branding him as "Drug Offender" under the Tamil Nadu Prevention of
Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug
Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand
Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982
[Tamil Nadu Act 14 of 1982].
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2. Heard the learned counsel for the petitioner, as well as the
learned Additional Public Prosecutor appearing for the respondents.
3.Though 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 Remand Order furnished to the detenu
has not been translated. In this circumstances, learned counsel for
petitioner stated that serious prejudice has been caused to the petitioner
for making effective representation.
4.On a perusal of the documents available on record, particularly
in Page No.29 of the booklet in Volume-I, a copy of the Remand Order,
dated 24.02.2025 is available and the translated copy in vernacular
version of the same has not been furnished to the detenu. Therefore, the
detenu is deprived from making effective representation and that the
Detention Order passed by the Detaining Authority is vitiated.
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
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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 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
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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 on 07.03.2025 in D.O.No.10/2025-C2, is hereby
set aside and the Habeas Corpus Petition is allowed. The detenu viz.
Babu, aged about 30 years, S/o.Pachaiyappan, presently confined in
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Central Prison, Salem is directed to be set at liberty forthwith, unless
his confinement is required in connection with any other case.
[M.S.R, J.] [V.L.N, J.]
26.06.2025
kas
Index: Yes/No
Neutral Citation
Speaking / Non Speaking
To
1.The Secretary to Government,
Home, Prohibition & Excise Department,
Fort St. George,
Chennai-600 009.
2.The District Collector and District Magistrate
Thiruvannamalai District
Thiruvannamalai
3.The Superintendent of Police
Thiruvannamalai District
Thiruvannamalai
4.The Superintendent of Prison
Central Prison Salem
Salem District
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5.The Inspector of Police
Arani Town Police Station
Thiruvannamalai District
6.The Public Prosecutor,
High Court of Madras
Chennai 600 104
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M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
kas
26.06.2025
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