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2024 Supreme(Mad) 1148

S. M. SUBRAMANIAM, R. SAKTHIVEL
Renugadevi – Appellant
Versus
State of Tamil Nadu, represented by, The Secretary to Government, Department of Home, Prohibition and Excise – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.A.Elumalai
For the Respondent: Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER :

S.M.SUBRAMANIAM, J.

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Memo No. 521/BCDFGISSSV/2024 passed by the second respondent on 16.05.2024, on the file of the second respondent and quash the same as illegal and consequently direct the respondent to produce petitioner husband Senthil son of Chandran aged about 44 years, before this Court, who now detained in Central Prison, Puzhal and set him at liberty.

The preventive detention order passed by the second respondent is sought to be quashed 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 Government Order in G.O.(D).No.82, Home, Prohibition and Excise (XVI) Department dated 15.04.2024, enclosed at page nos.84 and 85 of the booklet served on the detenue has not been translated in the language known to the detenue and thus the detenu is deprived from making effective representation.

4. 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 '(

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