S. M. SUBRAMANIAM, V. SIVAGNANAM
K. Priya – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary to Government [Home], Prohibition and Excise Department – Respondent
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 of the 2nd respondent, in his proceedings S.C.No.429/BCDFGISSSV/2024 dated 29.04.2024 and quash the same and consequently direct the respondents to produce petitioner's husband (Kumar aged 42 years son of Subramani) before this Court now confined in Central Prison, Puzhal 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. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that the order of Detention passed by the Detaining Authority is vitiated as the copy of the grounds of detention has not been properly translated in English. It is therefore stated that the detenue is deprived of his valuable right to make effective representation.
4. Therefore, this Court is of the view that the improper translation of the copy of the vital document relied upon by the D
The court established that proper translation of detention grounds is essential for the detenue's right to effective representation, as mandated by Article 22(5).
The court established that effective representation requires documents to be provided in a language understood by the detenue, as per Article 22(5).
The court established that effective representation requires proper translation of detention grounds, as per Article 22(5) of the Constitution.
The court established that effective representation requires documents to be provided in a language understood by the detenue, as per Article 22(5) of the Constitution.
The court established that effective representation requires documents to be provided in a language understood by the detenue, as per Article 22(5) of the Constitution.
The court established that the right to effective representation includes the provision of documents in a language understood by the detenu, reinforcing the safeguards under Article 22(5).
The right to effective representation in detention cases necessitates the provision of documents in a language understood by the detenue.
The court established that the right to effective representation in preventive detention cases includes the provision of documents in a language understood by the detenue.
The court established that the right to make an effective representation against detention includes the provision of documents in a language understood by the detenu.
The court established that the right to effective representation includes the provision of documents in a language understood by the detenue, as mandated by Article 22(5).
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