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2006 Supreme(Mad) 950
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MR. JUSTICE J.A.K. SAMPATHKUMAR
Savithiri - Appellant
Versus
The State of Tamil Nadu & Another - Respondents
Habeas Corpus Petition No.14 of 2006
Decided On : 04 April 2006
Failure to furnish translated copy of a document relied upon by the detaining authority vitiates the order of detention.
Headnote:
Habeas Corpus - Bootlegger Detention - Failure to furnish translated copy of remand extension order vitiates the order of detention
Fact of the Case:
The daughter of the detenue challenges the detention order of her mother, who was detained as a 'Bootlegger' under the Tamil Nadu Prevention of Dangerous Activities Act. The petitioner contends that the translated copy of a remand extension order was not furnished to the detenue, which vitiates the order of detention.
Finding of the Court:
The court found that the failure to furnish the Tamil version of the remand extension order vitiates the order of detention, and therefore quashed the impugned order of detention, directing the detenue to be set at liberty.
Issues: Failure to furnish translated copy of remand extension order, Detention under the Tamil Nadu Prevention of Dangerous Activities Act
Ratio Decidendi: The failure to furnish the translated copy of a document relied upon by the detaining authority vitiates the order of detention.
Final Decision: The Habeas Corpus Petition is allowed, and the impugned order of detention is set aside, directing the detenue to be set at liberty forthwith from the custody.
(Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records in the detention order passed in C1/D.O./33/2005 dated 14.11.2005 on the file of the second respondent herein and set aside the same and direct the respondents to produce the body of the detenue Panneerselvi now confined in the Special Prison for Women, Vellore before this Court and set her at liberty.)
P. Sathasivam, J.
The petitioner, who is the daughter of the detenue by name Panneerselvi, who was detained as a “Bootlegger" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 14.11.2005, challenges the same in this Petition.
2. Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.
3. At the foremost, learned counsel for the petitioner by drawing our attention to page No.67 of the paper book, which is a remand extension order passed on 11.11.2005 by the Judicial Magistrate No.II, Vridhachalam and also a relied upon document, contended that the translated copy of the same has not been furnished to the detenue. It is not in dispute that though the said document has been relied on by the detaining authority while passing the order of detention, the translated copy of the said order was not furnished to the detenue. The detenue being not conversant with the English language and of the fact that the said document was relied on by the detaining authority, we hold that failure to furnish the Tamil version of the remand extension order vitiates the order of detention. On this ground, we quash the impugned order of detention.
4. Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenue is directed to be set at liberty forthwith from the custody unless she is required in some other case or cause.
