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2024 Supreme(Mad) 1153

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


Advocates:
Advocate Appeared:
For the Petitioner: M/s.D.Balaji
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, to call for records in connection with the order of detention passed by the second respondent dated 25.05.2024 in D.O.No.C2/12/2024 against the petitioner Uncle Ramesh, Male aged 54 years S/o.Thiyagarajan, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

The preventive detention order passed by the second respondent is under challenge 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.98, Home, Prohibition and Excise (XVI) Department dated 15.04.2024 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 '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards

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