Madras High Court
Kallaiselvi vs The Secretary To Government on 16 September, 2025
Author: J.Nisha Banu
Bench: J. Nisha Banu
HCP No. 1367 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S. SOUNTHAR
H.C.P No. 1367 of 2025
1. Kallaiselvi
D/o. Chinnaiyan, No.22, Kanthasamy
Nagar Main Road, Mettukuppam,
Nerkundram, Chennai. Petitioner
Vs
1. The Secretary to Government, Home
Prohibition and Excise Department,
Secretariat, Government of TamilNadu,
Fort St.George, Chennai-600009.
2.The District Collector and District
Magistrate,
Chengalpattu District at Chengalpattu.
3.The Superintendent of Police,
Chengalpattu District.
4.The Superintendent of Prison,
Central Prison-II
Puzhal, Chennai-600066.
5.The Inspector of Police,
Chengalpattu Town Police Station, Respondent(s)
Chengalpattu District.
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HCP No. 1367 of 2025
PRAYER
The Habeas Corpus Petition is filed under Article 226 of the Constitution of
India for the issuance of a Writ of Habeas Corpus to call for the records of
pertaining to the order of Detention dated on 13.05.2025 passed by the 2nd
Respondent in CPT No.06/2025 and Quash the same as illegal and direct the
respondent to produce the Detenue Thir.Selva @ Vellai Selva s/o. Chitraivelu,
Male, aged about 24 years, now confined at Central Prison-II, Puzhal, chennai
Before this Hon'ble Court and set him at liberty.
For Petitioner(s): Mr.S.Senthil Kumar
For Respondent(s): Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
J.NISHA BANU J.
and
S.SOUNTHAR J.
The petitioner herein, who is the grand mother of the detenu viz., Selva @
Vellai Selva, S/o.Chitraivelu, aged about 24 years, confined at Central Prison,
Puzhal-II, Chennai, has come forward with this petition challenging the
detention order passed by the second respondent dated 13.05.2025 slapped on
her grandson, branding him as "Goonda" 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 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 Arrest Intimation Form was not fully translated to Tamil
version. 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.55 of the Volume-I
of the booklet furnished to the detenu, i.e., Arrest Intimation Form, was not
fully translated to Tamil version. 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 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
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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
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.
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7. Hence, for the aforesaid reasons, the detention order passed by the
second respondent on 13.05.2025 in CPT No.06/2025 is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu viz., Selva @ Vellai Selva, aged
about 24 years, S/o.Chitraivelu, confined at Central Prison-II, Puzhal, Chennai,
is directed to be set at liberty forthwith, unless his confinement is required in
connection with any other case.
(J.NISHA BANU J.) (S.SOUNTHAR J.)
16-09-2025
ASI
To
1.The Secretary to Government, Home
Prohibition and Excise Department,
Secretariat, Government of Tamil Nadu,
Fort St.George, Chennai-600009.
2.The District Collector and District
Magistrate,
Chengalpattu District at Chengalpattu.
3.The Superintendent of Police,
Chengalpattu District.
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4.The Superintendent of Prison,
Central Prison-II
Puzhal, Chennai-600066.
5.The Inspector of Police,
Chengalpattu Town Police Station,
Chengalpattu District.
6. The Public Prosecutor,
High Court of Madras, Chennai.
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J.NISHA BANU J.
AND
S.SOUNTHAR J.
ASI
16-09-2025
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