M. SUNDAR, R. SAKTHIVEL
Geetha – Appellant
Versus
Additional Chief Secretary to the Government, Government of Tamil Nadu (Home) Prohibition and Excise Department, 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 entire records connected with the order of the second respondent herein in R.C.No.21/2023/M6 D.O.No.03/2023 dated 24.01.2023 passed against the petitioner''s son the detenu namely Ganapathy, son of Babu, aged about 22 years, who is confined at Central Prison, Puzhal, Chennai – 66 and set aside the same, consequently, directing the respondents herein to produce the body and person of the detenu before this Court and set him at liberty forthwith.)
M. Sundar, J.
1. When the captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and clarity] came up for admission on 04.07.2023, this Bench made an order and a scanned reproduction of the same is as follows:
2. The aforementioned order made in the 04.07.2023 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 three adverse cases. The ground case which constitutes substantial part of s
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....
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 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 ....
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 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....
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 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....
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.
The 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 his continued detenti....
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