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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM, JJ.
Jameela Banu – Appellant
Versus
The Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department – Respondent
H.C.P.No.1530 of 2024
Decided on : 09-08-2024
HABEAS CORPUS - DETENTION ORDER - The court quashed the detention order under Tamil Nadu Act 14 of 1982 due to the absence of a date on the special report, which prejudiced the detenue's ability to make an effective representation against the order, thereby violating his rights under Article 226 of the Constitution of India.
Fact of the Case:
The petitioner, mother of Niyas @ Kullu, challenged the detention order branding him as 'Goonda' under Tamil Nadu Act 14 of 1982, claiming the order was illegal due to the lack of a date on the special report served to the detenue.
Finding of the Court:
The court found that the undated special report was a significant flaw that prejudiced the detenue's right to make an effective representation against the detention order.
Issues: Whether the absence of a date on the special report invalidates the detention order and affects the detenue's right to representation.
Ratio Decidendi: The court held that a special report is a crucial document for detention orders, and its lack of a date constitutes a violation of the detenue's rights, warranting the quashing of the detention order.
Result: The detention order was quashed, and Niyas @ Kullu was ordered to be released unless required in connection with another case.
ORDER :
(Order of the Court was made by 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 the records relating to the impugned order No.53/BCDFGISSSV/2024 dated 22.05.2024 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce namely Niyas @ Kullu son of Abdullah, aged about 21 years, now confined at Central Prison, Puzhal, Chennai and set him at liberty.
The petitioner herein is the mother of the detenue viz., Niyas @ Kullu son of Abdullah aged about 21 years confined at Central prison, Puzhal Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 22.05.2024, branding him as "Goonda" under Tamil Nadu Act 14 of 1982.
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Though several points have been raised by the learned counsel for the petitioner, it is stated that the detention order is liable to be quashed on the ground that the copy of the special report served on the detenue would reveal that no date has been mentioned.
4. The special report is a relevant document for the purpose of passing an order of detention. Therefore, undated report caused prejudice to the detenue for making effective representation to the authorities against the order of detention.
5. Hence, for the aforesaid reason, the detention order passed by the second respondent in proceedings No.53/BCDFGISSSV/2024 dated 22.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue Niyas @ Kullu son of Abdullah, aged about 21 years, now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case.
The absence of a date on a special report in a detention order under Tamil Nadu Act 14 of 1982 can invalidate the order due to the resultant prejudice to the detenue's right to representation.
A detention order can be quashed if procedural irregularities, such as an undated special report, infringe upon the detenue's right to make an effective representation.
The court established that the right to effective representation in detention cases includes the provision of documents in a language understood by the detenue.
The court established that the right to effective representation in detention cases includes the provision of documents in a language understood by the detenue.
A Habeas Corpus petition becomes moot when the detention order under which the individual was held is revoked by the competent authority.
The court established that the right to effective representation includes the provision of documents in a language understood by the detenue, as per constitutional safeguards.
The court established that the right to effective representation includes the provision of documents in a language understood by the detenue, impacting the legality of detention.
Failure to translate the remand order into vernacular language deprived the detenu of effective representation, leading to the quashing of the detention order.
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