M. SUNDAR, R. SAKTHIVEL
Minnal Devi – Appellant
Versus
State of Tamil Nadu Rep. By its Secretary to Government, 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 records in connection with the order of detention passed by the second respondent in his office Ref.C3.D.O.No.64/2022 dated 30.12.2022 against the petitioner''s husband by name Thiru.Magendiran, S/o.Sekar, aged about 38 years, now confined at Central Prison, Vellore, Vellore District and set aside the same and direct the respondents to produce the above said detenu 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 01.03.2023, this Court made the following order:
''Captioned Habeas Corpus Petition (for brevity, ''HCP'') has been filed in this Court on 22.02.2023 inter-alia assailing a detention order dated 30.12.2022 bearing Reference Number in C.3/D.O.No.64/2022 made by the ''second respondent'' (hereinafter called as ''Detaining Authority'' for the sake of convenience and clarity). To be noted, fifth respondent is the Sponsoring Authority.
2. The wife of th
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.
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 crucial documents in a language known to the detenu to ensure the constitutional right to make an effective represent....
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 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....
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 ....
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 central legal point established in the judgment is that the failure to provide crucial documents in a language known to the detenu impairs the detenu's constitutional right to make an effective r....
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