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 illegal.

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 relating to the petitioner''s husband''s detention under Tamil Nadu Act 14 of 1982 vide detention order dated 03.03.2023 on the file of the second respondent herein made in proceedings No.58/BCDFGISSSV/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Manikandan, aged 25 years, son of Palani, before this Court and set him at liberty, now the petitioner''s husband is detained at Central Prison, Puzhal, Chennai – 66.)

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 28.04.2023, the following order was made:

'' H.C.P.No.703 of 2023

M.SUNDAR, J.,

and

M.NIRMAL KUMAR, J.,

(Order of the Court was made by M.SUNDAR, J.,)

Captioned Habeas Corpus Petition has been filed in this Court on 24.04.2023 inter alia assailing a detention order dated 03.03.2023 bearing reference No.58/BCDFGISSSV/2023 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, third respondent is the Sponsoring Authority.

2. Wife of detenu is the petitioner.

3. Learned counsel for the petitioner submits that the ground case qua the detenu is for alleged offences under Sections 341, 294(b), 323, 427, 392 and 506(ii) of ''The Indian Penal Code (45 of 1860)'' [hereinafter ''IPC'' for the sake of convenience and clarity] in Crime No.41 of 2023 on the file of T-2 Ambattur Estate Police Station.

4. The aforementioned detention order has been made on the premise that the detenu is a ''Goonda'' under Section 2(f) 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 some of the pages in the grounds booklet furnished to the detenu are in English which prevented the detenu from making an effective representation.

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 Admission Board captures all essentials that are imperative for appreciating this order and therefore, we are not setting out the same again. However, short forms, short references and abbreviations used in the Admission Board order will continue to be used in the instant order also for the sake of brevity, convenience and clarity.

3. Mr.G.Nirmal Krishnan, learned counsel representing the counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for all the respondents are before us.

4. To be noted, ''order dated 03.03.2023 bearing reference No.58/BCDFGISSSV/2023'' made by second respondent / Detaining Authority shall in this order be referred to as ''impugned preventive detention order'' for the sake of convenience and clarity.

5. As would be evident from paragraph 5 of the Admission Board order, at the time of admission, learned counsel for petitioner predicated his challenge to the impugned preventive detention order on the point that some of the pages in the grounds booklet furnished to the detenu are in English which prevented the detenu from making an effective representation, however in the final hearing today, learned counsel predicated his campaign against the impugned preventive detention order on