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M. SUNDAR, M. NIRMAL KUMAR
Deepa W/o. Senthamizhmurugan – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Department of Home, Prohibition & Excise – Respondent
ORDER :
M.Sundar, J.
Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] has been filed by the spouse of a detenu assailing a 'detention order dated 04.11.2022 bearing reference C3/D.O/32/2022' [hereinafter 'impugned detention order' for the sake of brevity and convenience] made by the 'jurisdictional District Collector and District Magistrate i.e., second respondent' [hereinafter 'detaining authority' for the sake of convenience]. In and by the impugned detention order the detenu has been branded as 'Goonda' within the meaning of Section 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders Slum grabbers and Video Priates Act, 1982 (Tamil Nadu Act 14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience]. The detenu was arrested in cases [cited as adverse and the ground cases in the impugned detention order] on 23.10.2022.
2. Suffice to say that the ground case is Crime No.467 of 2022 for alleged offences under Sections 447, 395 read with Section 397 of the Indian Penal Code (45 of 1860) [hereinafter 'IPC' for the sake of brevity] on the file of Puthuchat
The main legal point established in the judgment is the importance of upholding the detenu's rights, including adequate notice for hearings, provision of necessary legal documents, and consideration ....
Detention orders must consider all relevant factors, including acquittals and language accessibility for the detainee's effective representation.
The failure to supply legible documents to a detenue violates Article 22(5) of the Constitution, hindering effective representation and rendering the detention order illegal.
Failure to inform detained individuals of their arrest and not supplying documents does not automatically invalidate detention under preventive law unless it hinders effective legal representation.
Procedural requirements, including providing legible documents to the detenu and timely submission of materials to the Advisory Board, must be strictly complied with in preventive detention cases.
The impairment of subjective satisfaction and non-application of mind in the grounds of the impugned preventive detention orders led to the dislodgement of the orders, emphasizing the importance of u....
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