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2024 Supreme(Mad) 1128

S. M. SUBRAMANIAM, V. SIVAGNANAM
Priyanka – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise (XVI) Department, Secretariat – Respondent


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

ORDER :

S.M. Subramaniam, J.

[PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, calling for the entire records connected with the detention order in BCDFGISSSV.No.207/2024 dated 18.03.2024 on the file of the Respondent No.2 and quash the same and direct the Respondents to produce the body and person of petitioner husband one named Mr. Pradeep S/o. Mohan @ Dharga Mohan aged about 27 years now confined at Central Prison, Puzhal before this Court and set him at liberty forthwith.]

The order of detention passed by the 2nd respondent in proceedings Memo BCDFGISSSV No.207/2024 dated 18.03.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. The learned counsel for the petitioner would submit that the translation copy of the Government Order has not been furnished to the detenu. The detenu has no knowledge in reading English and non translation of the Government Order caused prejudice to the detenu from submitting effective representation, which is a valuable right under the Act.

3. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court of India in the case of Powanammal

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