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M. SUNDAR, R. SAKTHIVEL
Kirthika – 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 31.12.2022 on the file of the second respondent herein made in proceedings Memo No.212/BCDFGISSSV/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Karan @ Kattu Karan, S/o.Sekar, aged 22 years, before this Court and set the petitioner''s husband at liberty from detention, now the petitioner''s husband detained at Central Prison, Puzhal, Chennai.)
M. Sundar, J.
1. When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 03.02.2023, this Court made the following order:
''Captioned Habeas Corpus Petition has been filed in this Court on 27.01.2023 inter alia assailing a detention order dated 31.12.2022 bearing reference No.212/BCDFGISSSV/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. T
Failure to supply a crucial document in a language known to the detenu impairs the detenu's constitutional right to make an effective representation, rendering the detention illegal.
The central legal point established in the judgment is the importance of providing documents in a language known to the detenu to ensure their constitutional right to make an effective representation....
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 furnish crucial documents in a language known to the detenu impairs the detenu's constitutional right to make an effective representation, rendering the continued detention illegal.
Improper translation and providing documents with different contents in two different languages can impair the detenu's right to make an effective representation, rendering the detention order illega....
The central legal point established in the judgment is the requirement to provide translated documents to the detenu in a language he understands, as a constitutional right to ensure an effective rep....
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 crucial document in the language known to the detenu rendered the impugned detention order illegal, leading to its setting aside.
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....
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