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 impugned preventive detention order.

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 dated 06.03.2023 in No.61/BCDFGISSSV/2023 against the petitioner''s son Vignesh @ Nanuru Vikki, male, aged 25 years, son of Sengamalai, who is confined at Central Prison, Puzhal and set aside the saem and direct the respondents to produce the 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 01.06.2023, the following order was made:

1. Captioned Habeas Corpus Petition has been filed in this Court on 21.04.2023 inter alia assailing a detention order dated 06.03.2023 bearing reference No.61/BCDFGISSSV/2023 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fourth respondent is the Sponsoring Authority.

2. To be noted, father of the detenu is the petitioner.

3. Ms.M.Kokila, learned counsel on record for habeas corpus petitioner is before us. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offences under Sections 341, 294(b), 392, 397, 336 and 506(ii) of ''Indian Penal Code, 1860 (Act 45 of 1860)'' [''IPC'' for brevity] in Crime No.87 of 2023 on the file of T-12 Poonamallee 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 arrest intimation was not informed to the family members or relatives of the detenu.

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 order 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.S.Senthilvel, 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 06.03.2023 bearing reference No.61/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 arrest intimation was not given to the family members or relatives of the detenu but in the final hearing Board today, learned counsel predicated his campaign against the impugned preventive detention order on the ground that the subjective satisfaction arrived at by the Detaining Authority qua imminent possibility of detenu being enlarged on bail is impaired.

6. Elaborating on the aforementioned point on subjective satisfaction, learned counsel for petitioner drew our attention to a portion