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2024 Supreme(Mad) 1117

S. M. SUBRAMANIAM, R. SAKTHIVEL
Anand – Appellant
Versus
Secretary to the Government, Home, Prohibition & Excise (XVI) Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. Muthamizhselvakumar.
For the Respondents: Mr. E. Raj Thilak, Additional Public Prosecutor.

ORDER :

S.M. Subramaniam, J.

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 learned counsel for the petitioner would submit that the Government Order in G.O.(D).No.11, Home, Prohibition and Excise (XVI) Department dated 10.01.2024 has not been translated in the language known to the detenue and thus the detenu is deprived from making effective representation.

4. On perusal of the documents available on record, particularly in Page Nos.67 and 68 of Volume - I of the booklet, a copy of the Government Order in G.O.(D).No.11, Home, Prohibition and Excise (XVI) Department dated 10.01.2024 is available and the translated copy in vernacular version of the same has not been furnished to the detenue. Therefore, the detenue is deprived from making effective representation and that the Detention Order passed by the Detaining Authority is vitiated.

5. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in 'Powanammal Vs. State of Tamil Nadu' reported in '(199

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