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M. SUNDAR, M. NIRMAL KUMAR
Girijamery – 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 son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 30.07.2022 on the file of the second respondent herein made in proceedings Memo in BCDFGISSSV No.225/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s son namely Rishi @ Rishikesh, S/o.Vijayan, aged 23 years before this Hon''ble Court and set the petitioner''s son at liberty from detention, now the petitioner''s son detained at Central Prison, Puzhal, Chennai.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 30.07.2022 bearing reference BCDFGISSSV No.225/2022'' [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 detention order has been ma
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 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 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 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 the importance of providing a detenu with an effective representation and the violation of Article 22(5) of the Constitution of India.
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 impairment of the detenu's right to make an effective representation against a preventive detention order is a violation of Article 22(5) of the Constitution of India and can lead to the setting ....
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