M. SUNDAR, R. SAKTHIVEL
Sudarvizhi – Appellant
Versus
State of Tamil Nadu rep. By its Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai – Respondent
JUDGMENT
(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records pertaining to the detention order dated 16.12.2022 in C.O.C. No.60/2022 passed by the second respondent and issue direction to produce the body of the petitioner''s husband/detenu namely Kumar, S/o.Rajendran, aged 40 years, presently confined at Central Prison, Thiruchirappalli, before this Court and set him at liberty forthwith and quash the same.)
M. Sundar, J.
When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 06.03.2023, this Court made the following order:
''Captioned Habeas Corpus Petition has been filed in this Court on 23.02.2023 inter alia assailing a detention order dated 16.12.2022 bearing reference C.O.C.No.60/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.
2. Wife of the detenu is the petitioner.
3. Mr.M.P.Yuvaraj, learned counsel on record for petitioner is before us. Learned counsel for petitioner submits that ground
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 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 requirement to provide translated documents to the detenu in a language he understands, as a constitutional right to ensure an effective rep....
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.
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.
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....
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 constitutional safeguard ingrained in Article 22(5) of the Constitution ensures the detenu's right to make an effective representation, and any infraction of such a safeguard vitiates the impugne....
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 right to make an effective representation against a preventive detention order must not be impaired, and failure to provide translated documents in a language known to the detenu can vitiate the ....
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