IMPORTANT POINT
The court established that effective representation against detention orders requires communication in a language understood by the detenue, as mandated by Article 22(5) of the Constitution.

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 Court in 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenu should be afforded an opportunity of making representation effectively against the Detention Order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. In the said context, the Hon'ble Supreme Court has held in Paragraphs 9 and 16 {as in SCC journal} as follows:

“9.However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention. Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language.

..... 16.For the above reasons, in our view, the non-supply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed.”

5. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.

6. Hence, for the aforesaid reasons, the detention order passed by the second respondent in proceedings No.549/BCDFGISSSV/2024 dated 20.05.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenue viz., Giridharan S/o. Munusamy, aged 23 years confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case.