Sundari v. The Principal Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner is the wife of the detenu viz., Chandrasekar alias Chandru Pondru, aged about 28 years, S/o.James. The detenu has been detained by the second respondent by his order in C.No.157/Detention/C.P.O/T.C/2022 dated 10.11.2022 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶2We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3Though the 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 the Government Order in G.O.(D).No.291, Home, Prohibition and Excise (XVI) Department dated 13.10.2022 has not been translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on the sole ground, the detention order is liable to be quashed.

¶4On consideration of the submissions made on either side and upon perusal of the documents available on record, especially Page Nos.138 and 139 of the booklet, it is clear that the Government Order in G.O.(D).No.291, Home, Prohibition and Excise (XVI) Department dated 13.10.2022 has not been translated in vernacular language. Hence, the impugned detention order is liable to be set aside.

¶5In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.157/Detention/C.P.O/T.C/2022 dated 10.11.2022 passed by the second respondent is set aside. The detenu, viz., Chandrasekar alias Chandru Pondru, S/o.James, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(M.S.R.,J.) (M.N.K.,J.)

19.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi To

1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai – 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli.

4.The Joint Secretary to Government, Public (Law and Order), Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm/mbi

H.C.P.(MD)No.236 of 2023

19.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.236 of 2023 Sundari .. Petitioner/Wife of the Detenu Vs. 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai – 600 009. 2.The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli. 3.The Superintendent of Prison, Tiruchirappalli Central Prison, Tiruchirappalli. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records, connected with the detention order of the Respondent No.2 in C.No.157/Detention/C.P.O/T.C/2022 dated 10.11.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Chandrasekar alias Chandru Pondru, son of James, aged about 28 years, now confining as 'GOONDA' at Tiruchirappalli Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor