Saranya v. State Rep. by

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the wife of the detenu Prabu @ Koola Prabu, S/o.Saravanan, male, aged about 27 years, has come forward with this petition challenging the detention order passed by the second respondent dated

11.02.2026 in C.M.P.No.26/Goonda/Salem City/2026 slapped on her husband, 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].

¶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 Page3 of 6 the petitioner mainly focussed his argument on the ground that the some of the pages in the booklet supplied to the detenu are illegible, which prevented the detenu from making an effective representation against the impugned order of detention.

4.The said submission made by the learned counsel appearing for the petitioner has not been disputed by learned Government Advocate (Crl.side).

5.A perusal of the booklet supplied to the detenu would show that the Arrest Intimation Memo enclosed at Page No.46 in Volume I of the booklet is illegible. As such, we find that the furnishing of the illegible copies would prejudice the detenu in making an effective representation against the impugned order of detention, dated 11.02.2026.

6.Hon'ble Supreme Court in State of Manipur Vs. Buyamayum Abdul Hanan reported in (2022) 19 SCC 509 has held that supply of the illegible copy of documents which has been relied upon by the detaining authority has deprived the detenu in making an effective representation. Relevant paragraphs of Hon'ble Supreme Court are paragraphs 22 and 23 and the same read as follows: '22. Thus, the legal position has been settled by this Court that the right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law.

23. It is the admitted case of the parties that Respondent 1 has failed to question before the detaining authority that illegible or blurred Page4 of 6 copies were supplied to him which were relied upon while passing the order of detention, but the right to make representation being a fundamental right under Article 22(5) of the Constitution in order to make effective representation, the detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of detention enables him to make an effective representation. ' Therefore, we are inclined to set aside the impugned detention order on the ground that supply of illegible copies of documents relied on by the detaining authority has caused prejudice to the detenu in making an effective representation against the impugned order of detention.

¶7In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 11.02.2026 in C.M.P.No.26/Goonda/Salem City/2026 is hereby set aside. The detenu Prabu @ Koola Prabu, S/o.Saravanan, male, aged about 27 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order gpa Page5 of 6 To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -9.

¶2The Commissioner of Police Salem City.

¶3The Superintendent of Prison Central Prison, Salem.

¶4The Inspector of Police Kitchipalayam Police Station, Salem.

¶5The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶6The Public Prosecutor High Court, Madras. HCPoNo.o402oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o402oofo2026 19-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Saranya W/o.Prabu, ..Petitioner(s) Vs 1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -9. 2. The Commissioner of Police Salem City. 3. The Superintendent of Prison Central Prison, Salem. 4. The Inspector of Police Kitchipalayam Police Station, Salem. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a writ or order or direction particularly writ in a nature of Writ of Habeas Corpus to call for the records in C.M.P.No.26/GOONDA/SALEM CITY/2026 Dated 11.02.2026 on the file of the Commissioner of Police, Salem City, the second respondent herein and quash the same as illegal and direct the respondent to produce the detenue Prabu @ Koola Prabu, S/o.Saravanan, aged Page2 of 6 about 27 years, now confined at Central Prison, Salem, before this Court and set him at liberty. For Petitioner(s): Ms.S.Sengkodi For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side)