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M. SUNDAR, M. NIRMAL KUMAR
R. Manjula – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and 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 leading to the detention of petitioner''s husband the detenu Thiru.Raja, aged 44, son of Kittappan, presently detained in Central Prison, Salem under Act 14/1982 branded as ''Goonda'' vide the detention order dated 29.08.2022 in C.M.P.No.21/Goonda/C2/2022, on the file of the second respondent herein directing to produce the person or body of the detenu Thiru.Raja, aged 44, son of Kittappan, before this Court and thereafter set him at liberty.)
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 29.08.2022 bearing reference C.M.P.No.21/GOONDA/C2/2022'' [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 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,
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....
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.
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....
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....
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 crucial document in the language known to the detenu rendered the impugned detention order illegal, leading to its setting aside.
The incomplete translation of critical documents leading to the impairment of a detainee's constitutional safeguard can result in the dislodgment of a detention order.
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