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R. SAKTHIVEL, M. SUNDAR
G. Ilakkiya – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer:Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to calling for the entire records connected with the detention order of the 2nd respondent in Memo No.36/BCDFGISSSV/2023 dated 14.02.2023 and quash the same and direct the respondents to produce the body and person of the petitioner''s husband namely, Ganeshkumar, son of Jayakodi, aged about 34 years detained in Central Prison, Puzhal, Chennai before this Court and set him at liberty forthwith.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 14.02.2023 bearing reference No.36/BCDFGISSSV/2023'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offen
The central legal point established in the judgment is the importance of providing translated copies in a language the detenu is conversant with, as mandated by Article 22(5) of the Constitution of I....
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 translation of crucial documents in a language known to the detenu can impair the detenu's constitutional right to make an effective representation, rendering the det....
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....
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 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....
The infraction of the detenu's right to make an effective representation against a preventive detention order vitiates the order, rendering it liable for dislodgement in a habeas legal drill.
Failure to provide a translated version 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 ....
The central legal point established in the judgment is that the failure to provide the correct translation of crucial documents in the detenu's known language impairs their constitutional right to ma....
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