Sandeep v. Additional Chief Secretary to the Government

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, the brother of the detenu Pradeep, male, aged 26 years, S/o.Rajamani, has come forward with this petition challenging the detention order passed by the second respondent dated 07.12.2025 bearing reference S.C.No.25/2025/C1 slapped on his brother, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982]. Page3 of 6

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focussed his argument on the ground that the language known to the detenu is Telugu, but the detention order and the other documents relied on by the authorities were furnished to the detenu in a language other than the language known to the detenu and the same has prevented him from making an effective representation against the detention order. Hence the impugned order is liable to be set aside.

4.Per contra, learned Additional Public Prosecutor submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner.

5.A perusal of the booklet would disclose that the translated version of the detention order and the relied on documents were not furnished to the detenu in a language known to him, thereby the detenu has been put to prejudice and is deprived of making an effective representation for revocation of the detention order. The non-furnishing of translated version of document relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed. Page4 of 6

6.In the result, the Habeas Corpus Petition is allowed and the order of detention passed in S.C.No.25/2025/C1 dated 07.12.2025 passed by the second respondent is set aside. The detenu viz., Pradeep, male, aged 26 years, S/o.Rajamani, is directed to be released forthwith unless his detention is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order gpa Page5 of 6 To

¶1Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai - 600009.

¶2The District Magistrate and District Collector Office of The District Collector, Dharmapuri District.

¶3The Superintendent of Police Office of The Superintendent of Police Dharmapuri District.

¶4The Superintendent of Prison Central Prison, Salem District.

¶5The Inspector Of Police Palacode Police Station, Dharmapuri.

¶6The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶7The Public Prosecutor High Court, Madras. HCPoNo.o380oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o380oofo2026 13-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Sandeep S/o Rajamani, ..Petitioner(s) Vs 1. The State Rep. by The Additional Chief Secretary to the 3 Government Home Prohibition and Excise Department, Secretariat, Chennai - 600009. 2. The District Magistrate and District Collector Office of The District Collector, Dharmapuri District. 3. The Superintendent of Police Office of The Superintendent of Police Dharmapuri District. 4. The Superintendent of Prison Central Prison, Salem District. 5. The Inspector Of Police Palacode Police Station, Dharmapuri. ..Respondent(s) Habeas Corpus Petition filed under Article 227 of Constitution of India to issue a Writ order in more particularly in the nature of a Writ of Habeas Corpus Page2 of 6 and calling for the records of the 2nd respondent in connection with order made in S.C.No.25/2025/C1 dated 07.12.2025 passed against the petitioner's brother Pradeep aged 26 years S/o Rajamani, who is confined at Central Prison, Salem and quash the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner(s): Mr. M.I.Javid Akbar For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side)