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.

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 case qua the detenu is for alleged offences under Sections 4(1)(i), 4(1)(aaa) read with 4(1-A) of Tamil Nadu Prohibition Act 1937 in Crime No.842 of 2022 on the file of Mayiladuthurai Police Station.

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 there is a delay in passing the preventive detention order.

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 06.03.2023 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 preventive detention order is Crime No.842 of 2022 on the file of Mayiladuthurai Police Station for alleged offences under Sections 4(1)(i), 4(1)(aaa) r/w 4(1-A) 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.Swami Subramanian, 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 there is a delay in passing the preventive detention order 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 copies of the bail orders in the similar cases relied on by the detaining authority in a language which the detenu is conversant with, have not been furnished to the detenu. Elaborating on the submission, learned counsel drew our attention to page Nos.96, 97, 102 and 103 of the booklet which are similar case bail orders in Cr.M.P.No.997 of 2022 dated 25.04.2022 (Shanmugam''s case) and Cr.M.P.No.4000 of 2022 dated 29.11.2022 (Parameshwari''s case) on the file of Principal District and Sessions Judge, Nagapat