S. M. SUBRAMANIAM, V. SIVAGNANAM
Settu – Appellant
Versus
Secretary to the Government, Home Prohibition and Excise Department – Respondent
ORDER :
(S.M. Subramaniam, J.) :
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, call for the records in connection with the order of Detention passed by the second respondent dated 23.06.2024 in C3/D.O.No. 35/2024 against the petitioner son Ashokkumar, Male aged 30 years S/o. Settu, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before the Court and set at Liberty.)
The preventive detention order passed by the second respondent is under challenge in the present Habeas Corpus Petition.
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The documents enclosed at Page Nos.64, 65 and 66 of Volume - I of the booklet served on the detenue is illegible. Further, the ground case bail application enclosed at Page Nos. 74 and 75 of the booklet served on the detenue has not been translated in the language known to the detenue, which caused prejudice to the detenue to submit his representation in an effective manner, which is a valuable right.
4. In this context, it is useful to refer to the
The court established that the right to effective representation in preventive detention cases includes the provision of documents in a language understood by the detenue.
The court established that the right to effective representation in preventive detention cases includes the provision of documents in a language understood by the detenue.
The court established that the right to effective representation in preventive detention cases includes the provision of documents in a language understood by the detenue.
The court established that effective representation rights under Article 22(5) require documents to be provided in a language understood by the detenu.
The court established that effective representation against detention orders requires documents to be provided in a language understood by the detenu, as mandated by Article 22(5).
The right to effective representation in preventive detention cases necessitates that all relevant documents be provided in a language understood by the detenu.
The court established that effective communication of detention orders in a language understood by the detenu is essential for lawful preventive detention.
The court established that the right to effective representation includes the provision of documents in a language understood by the detenue, as mandated by Article 22(5).
The court established that effective communication of detention orders in a comprehensible language is essential for upholding the rights of the detenu under Article 22(5).
The court established that the right to make an effective representation against detention includes the provision of documents in a language understood by the detenu.
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