Madras High Court
Devi vs The State Of Tamil Nadu on 16 September, 2025
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan, R.Vijayakumar
H.C.P.(MD) No.605 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
H.C.P.(MD) No.605 of 2025
Devi ...Petitioner/Wife of the detenu
Vs.
1.The State of Tamil Nadu,
Rep. By its Additional Chief Secretary to Government,
Home Prohibition and Excise Department,
Fort St.George, Secretariat,
Chennai-600 009.
2.The District Magistrate and District Collector,
Virudhunagar District,
Virudhunagar
3.The Inspector of Police,
Rajapalayam North Police Station,
Virudhunagar District.
4.The Superintendent of Prison,
Central Prison,
Madurai. ... Respondents
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H.C.P.(MD) No.605 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 in pursuant to the
proceedings of the second respondent in his proceedings in Crl.M.P.No.
02/2025 (Gooda) dated 03.02.2025 and set aside the same and direct the
respondents 1 to 3 to produce the detenu, namely Muthukumar,
S/o.Thiruppathy aged about 35 years, before this Court now confined in
in Central Prison, Madurai, before this Court and set him at liberty.
For Petitioner : Mr.M.Jothi Basu
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
The petitioner is the wife of the detenu, Muthukumar,
S/o.Thiruppathy aged about 35 years. The detenu has been detained by
the second respondent by his order in Crl.M.P.No.02/2025 (Gooda) dated
03.02.2025 holding him to be a "Goonda", as contemplated under Section
3(1) of the 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
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petitioner and the learned Additional Public Prosecutor appearing for the
respondents. We have also perused the records produced by the Detaining
Authority.
3. Though several points have been raised by the learned
counsel for the petitioner, it is stated that the detention order is liable to be
quashed on the ground that the detenu was furnished with illegible copy
of the 'Remand Order' relied on by the Detaining Authority, more
particularly at Page No.261 of the first booklet. Hence, it is submitted
that the detenu was deprived of making effective representation.
4. On a perusal of the Booklet, it is seen that Page No.261 of
the Booklet, which is the 'Remand Order', furnished to the detenu, is
illegible. This furnishing of illegible copy of the vital document would
deprive the detenu of making effective representation to the authorities
against the order of detention.
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
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Tamil Nadu, reported in (1999) 2 SCC 413, wherein the Apex Court, after
discussing the 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
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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
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 non-furnishing of legible
of the Booklet. This illegible copy of remand order to the detenu, has
impaired his constitutional right to make an effective representation
against the impugned preventive detention order. To be noted, this
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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.
7. In the result, the Habeas Corpus Petition is allowed and the
order of detention in Crl.M.P.No.02/2025 (Gooda) dated 03.02.2025
passed by the second respondent is set aside. The detenu, viz.,
Muthukumar, S/o.Thiruppathy aged about 35 years, is directed to be
released forthwith unless his detention is required in connection with any
other case.
[C.V.K., J.] [R.V., J.]
16.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
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To:
1.The State of Tamil Nadu,
Rep. By its Additional Chief Secretary to Government,
Home Prohibition and Excise Department,
Fort St.George, Secretariat,
Chennai-600 009.
2.The District Magistrate and District Collector,
Virudhunagar District,
Virudhunagar
3.The Inspector of Police,
Rajapalayam North Police Station,
Virudhunagar District.
4.The Superintendent of Prison,
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.VIJAYAKUMAR
CM
16.09.2025
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