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M. SUNDAR, M. NIRMAL KUMAR
Subanu – Appellant
Versus
Secretary to Government, Home, Prohibition & Excise Department, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records relating to the petitioner''s husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 29.09.2022 on the file of the second respondent made in proceedings Memo C.M.P.No.128/Goonda/Salem City/2022 quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Rasaq Bhai @ Kajaputheen, S/o.Abdul Hameed, aged 57 years before this Court and set the petitioner''s husband at liberty from detention, now the petitioner''s husband detained at Central Prison, Salem.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 29.09.2022 bearing reference C.M.P.No.128/Goonda/Salem City/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detent
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 failure to provide a correct translated copy of a crucial document in the language known to the detenu impairs the detenu's constitutional right to make an effective representation, rendering the....
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....
The failure to provide a correct translation of crucial documents in a language known to the detenu can impair the detenu's constitutional right to make an effective representation, rendering the det....
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 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....
Failure to provide a translated version 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 ....
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