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 aside of the detention order.

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 records relating to the detention order dated 23.07.2022 passed by the second respondent in BCDFGISSSV No.88 of 2022 and quash the same and direct the respondents herein to produce the petitioner''s son Appuraj @ Appu, son of Anbazhagan, aged 28 years, who is presently undergoing detention in the Central Prison, Puzhal, before this Court and set him at liberty forthwith.)

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 23.07.2022 bearing reference BCDFGISSSV No.88 of 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 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, 1982 (Tamil Nadu Act No.14 of 1982)'' [hereinafter ''Act 14 of 1982'' for the sake of convenience and clarity] on the premise that the detenu is a ''Goonda'' within the meaning of Section 2(f) of Act 14 of 1982.

3. There are four adverse cases. The ground case which is the sole substratum of the impugned detention order is Crime No.489 of 2022 on the file of E-5 Sholavaram Police Station for the alleged offences under Sections 294(b), 307 and 506(ii) of ''The Indian Penal Code (45 of 1860)'' [hereinafter ''IPC'' for the sake of convenience and clarity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.

4. Ms.M.Udayavani, learned counsel representing Mr.D.Balaji, counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel, for all respondents are before us.

5. We are informed that a co-accused in the ground case was also clamped with a similar preventive detention order i.e., preventive detention order akin to the impugned preventive detention order. We are further informed that the co-accused moved this Court vide HCP No.1654 of 2022 and the same was allowed by this Bench in and by an order dated 08.03.2022 and the said order reads as follows:

''Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and brevity] has been filed by the detenu assailing ''detention order dated 23.07.2022 bearing reference Memo No. 89/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience]. To be noted, the fourth respondent is the sponsoring authority and the second respondent is the detaining authority as impugned detention order has been made by the 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, 1982 (Tamil Nadu Act No.14 of 1982)'' [hereinafter ''Act 14 of 1982'' for the sake of convenience and clarity] on the premise that the detenu is a ''Goonda''

within the meaning of Section 2(f) of Act 14 of 1982.

3. There are two adverse cases and one ground case. The ground case which is the substratum of the impugned detention order is Crime No.489 of 2022 on the file of E-5 Sholavaram Police Station for alleged offences under Sections 294(b), 307 and 506(ii) of ''The Indian Penal Code (45 of 1860)'' [hereinafter ''IPC'' for the sake of convenience and clarity]. Owing t