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M. SUNDAR, M. NIRMAL KUMAR
Hasina – Appellant
Versus
Secretary to Government Home, Prohibition and Excise Department Government of Tamil Nadu, Chennai – Respondent
JUDGMENT
(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records of the 2nd respondent herein in his proceedings under D.O.No.C2/56/2022 dated 26.09.2022 and quash the same and consequently direct the respondents to produce her son by name Ibrahim, male, aged 26 years, son of Jaffar Ali confined in Central Prison, Cuddalore before this Court and set him at liberty.)
M. Sundar, J.
Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the mother of detenu assailing a ''preventive detention order dated 26.09.2022 bearing reference D.O.No.C2/56/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as the impugned detention order has been made by second respondent.
2. Impugned detention order has been made 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,
The importance of providing documents in a language understood by the detenu as established in the Pownammal case law.
Failure to provide a crucial document in the language known to the detenu rendered the impugned detention order illegal, leading to its setting aside.
The central legal point established in the judgment is that the failure to provide crucial documents in a language known to the detenu impairs the detenu's constitutional right to make an effective r....
The failure to provide a translated copy of a crucial document in a language known to the detenu impaired his constitutional right to make an effective representation, rendering his continued detenti....
Failure to provide a translated copy of a crucial document in a language known to the detenu impairs the detenu's constitutional right to make an effective representation, rendering the detention ill....
Failure to provide a translated copy of a crucial document in a language known to the detenu impaired his constitutional right to make an effective representation, rendering the detention illegal.
Failure to provide a translated copy of a crucial document in a language known to the detenu impairs the detenu's constitutional right to make an effective representation, rendering the detention ill....
The central legal point established in the judgment is that the failure to provide the correct translation of crucial documents in the detenu's known language impairs their constitutional right to ma....
The central legal point established in the judgment is the importance of providing a detenu with an effective representation and the violation of Article 22(5) of the Constitution of India.
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