Madras High Court

Jayalakshmi vs State Of Tamil Nadu on 9 October, 2025

Author: J.Nisha Banu

Bench: J.Nisha Banu

H.C.P.No.1366 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
H.C.P.No.1366 of 2025
Jayalakshmi ... Petitioner/Detenue's Wife
-vs-
1. State of Tamil Nadu,
Rep. by The Additional Chief Secretary to Government,
Home, Prohibition & Excise Department,
Fort St.George, Chennai-600 009.

2. The District Collector and District Magistrate,
Villupuram District,
Office of The District Collector and District Magistrate,
Villupuram, Villupuram District.

3. The Superintendent of Police,
Villupuram, Villupuram District.

4. The Superintendent of Prison,
Central Prison, Cuddalore,
Cuddalore District.

5. The Inspector of Police,
Auroville Police Station,
Villupuram District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue
a writ of Habeas Corpus, calling for the records relating to the detention

1/8

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H.C.P.No.1366 of 2025

order in RC.No.C2/26/2025 dated 05.06.2025 passed by the 2nd respondent
under the Tamil Nadu Act 14 of 1982, set aside the same and direct the
respondent to produce the petitioner's husband Moorthy, S/o.Arunachalam,
aged about 42 years the detenue now confined in Central prison Cuddalore
before this Honble court and set him at liberty.
For Petitioner : Mr.S.Prem Kumar
For Respondents : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
*****
ORDER

(By J.Nisha Banu,J.) The petitioner herein, who is the wife of the detenue, namely,

Moorthy, S/o.Arunachalam, aged about 42 years, detained at Central Prison,

Cuddalore, has come forward with this petition, challenging the detention

order dated 05.06.2025, passed by the second respondent in

RC.No.C2/26/2025, branding him as a "Bootlegger", as contemplated under

Section 2(b) of 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).

2. Heard the learned counsel for the petitioner and the learned

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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 there was no translated version of the Arrest

Intimation Form in Page No.103 of Vol.I in vernacular language furnished

to the detenue. This deprived the detenu from making effective

representation. Therefore, on the sole ground, the detention order is liable

to be quashed.

4. Learned Additional Public Prosecutor has not refuted the

non-supply of translated version of Arrest Intimation Form to the detenue.

5. On perusal of the documents available on record,

particularly in Page No.103 of the booklet (Vol.I), the translated copy of the

Arrest Intimation Form in vernacular version has not been furnished to the

detenue. Therefore, the detenue is deprived from making effective

representation and that the Detention Order passed by the Detaining

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Authority is vitiated.

6. 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 detenue 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

detenue, is imperative. In the said context, the Hon'ble Supreme Court has

held in Paragraphs 9 and 16 of th said judgment 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 detenue 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

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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 detenue'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 detenue, 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 detenuee be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed.”

7. 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.

8. For the aforesaid reasons, this Habeas Corpus Petition is

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allowed and the Detention Order passed by the SECOND RESPONDENT

in RC.No.C2/26/2025 dated 05.06.2025, is hereby set aside. The detenue,

viz., Moorthy, S/o.Arunachalam, aged about 42 years, who is now confined

in the Central Prison, Cuddalore is hereby directed to be set at liberty

forthwith unless his presence is required in connection with any other case.

                                                                                       (J.N.B.J.,)     (S.S,J.,)
                                                                                               09.10.2025
                     Index: Yes / No
                     Internet: Yes / No
                     ar









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                     To:

1. The Additional Chief Secretary to Government, State of Tamil Nadu,, Home, Prohibition & Excise Department, Fort St.George, Chennai-600 009.

2. The District Collector and District Magistrate, Villupuram District, Office of The District Collector and District Magistrate, Villupuram, Villupuram District.

3. The Superintendent of Police, Villupuram, Villupuram District.

4. The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

5. The Inspector of Police, Auroville Police Station, Villupuram District.

6. The Public Prosecutor, High Court, Madras.

J.NISHA BANU, J.

AND

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S.SOUNTHAR, J.

09.10.2025

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