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2024 Supreme(Mad) 1151

S. M. SUBRAMANIAM, R. SAKTHIVEL
M. Porselvi – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition & Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Apunu
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 relating the detention order No. BCDFGISSSV No. 549/2024, dated 20.05.2024, passed by the second respondent under the respondent to produce the petitioner's son Giridharan S/o. Munusamy aged about 23 years, the detenue now confined in Central Prison, Puzhal, before this Court and set aside the petitioner's Son Giridharan S/o. Munusamy aged about 23 years the detenue herein 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.11, Home, Prohibition and Excise (XVI) Department dated 10.01.2024 enclosed at page Nos. 107 to 109 of volume - I of the booklet served on the detenue has not been translated in the language known to the detenue and thus the detenue is deprived from making effective representation.

4. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Co

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