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2024 Supreme(Mad) 1152

S. M. SUBRAMANIAM, R. SAKTHIVEL
Kala – Appellant
Versus
Secretary to the Government, Home, Prohibition & Excise (XVI) Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Muthamizhselvakumar
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 entire records connected with the detention order in BCDFGISSSV. No. 543/2024 dated 20.05.2024 on the file of the respondent No. 2 and quash the same and direct the respondents to produce the body and person of petitioner daughter one named Mr.Murugan @ Kili S/o. Selvaraj aged about 27 years now confined at Central Prison Puzhal, Puzhal before this Court and set 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.53 and 54 of volume - II 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 V

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