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2024 Supreme(Mad) 1138

S. M. SUBRAMANIAM, V. SIVAGNANAM
Govindhammal – Appellant
Versus
Secretary to the Government, Home Prohibition and Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.D.Balaji
For the Respondent: 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, to call for the records in connection with the order of detention passed by the 2nd respondent dated 05.04.2024 in C3/D.O.No.29/2024 against the petitioner son Ezharai @ Arasu @ Rajkumar, Male aged 31 years S/o. Sakthivel, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenue before the Court and set him at Liberty.

The order of detention passed by the 2nd respondent in C3/D.O.No.29/2024 dated 05.04.2024 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 vs. State of Tamil Nadu, (1999) 2 SCC 413. T

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