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 representation in the context of preventive detention.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records leading to the detention of petitioner''s son who is detained as Bootlegger at 4th respondent / Central Prison, Cuddalore, by the 2nd respondent vide his order C3/D.O/29/2022 dated 25.10.2022 and quash the same as illegal and consequently direct the 5th respondent to produce the body of the detenu Surya, S/o.Murugan, aged about 25 years, from the 4th respondent / Central Prison, Cuddalore, before this Court and set him at liberty.)

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 19.01.2023 inter alia assailing a detention order dated 25.10.2022 bearing reference No.C3/D.O/29/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.

2. Mother of the detenu is the petitioner.

3. Mr.S.T.Raja, learned counsel on record for habeas corpus petitioner is before us. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offences under Sections 4(1)(aaa), 4(1-A) read with 14A of ''Tamil Nadu Prohibition Act, 1937'' [hereinafter ''TNP Act'' for the sake of convenience and clarity] in Crime No.1338 of 2022 on the file of Prohibition Enforcement Wing, Cuddalore.

4. The aforementioned detention order has been made on the premise that the detenu is a ''Bootlegger'' under Section 2(b) of ''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].

5. The detention order has been assailed inter alia on the ground that the documents relied on by the Detaining Authority in the detention order has not been supplied to the detenu.

6. Prima facie case made out for admission. Admit. Issue Rule nisi returnable by four weeks.

7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.''

2. The aforementioned order made in the 03.02.2023 Admission listing shall be read as an integral part and parcel of this order which means that the short forms, short references and abbreviations used in the order in the Admission listing shall be used in the instant order also.

3. There are four adverse cases. The ground case which constitutes substantial part of substratum of the impugned detention order is Crime No.1338 of 2022 on the file of Prohibition Enforcement Wing, Cuddalore for the alleged offences under Sections 4(1)(aaa) and 4(1-A) r/w 14A of TNP Act 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. Mr.S.T.Raja, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.

5. In the Admission Board, the point that the documents relied on by the detaining authority have not been supplied to the detenu was projected, however, in the final hearing Board, learned counsel for petitioner projected his argument in his challenge against the impugned preventive detention order on the point that translated copy of the document relied on by the detaining authority in a language which the detenu is conversant with, has not been furnished to the detenu. Elaborating