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S. M. SUBRAMANIAM, V. SIVAGNANAM
Jameela Banu – Appellant
Versus
Secretary to Government, Government of Tamil Nadu (Home), Prohibition and Excise Department – Respondent
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 dat
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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