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2024 Supreme(Mad) 1250

S. M. SUBRAMANIAM, V. SIVAGNANAM
Mathiyazhagi – Appellant
Versus
Secretary to the Government, Home, Prohibition and Excise Department, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Balaji.
For the Respondent: E. Raj Thilak.

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 29.06.2024 in D.O. No. C2/20/2024 against the petitioner husband Annadurai, male aged 46 years S/o. Kasinathan, 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.

1. 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 Arrest Intimation Form enclosed at page no. 49 of the booklet served on the detenue has not been translated in the language known to the detenue. Therefore, the detenue is deprived from making effective representation and that the Detention Order passed by the Detaining Authority is vitiated. Further, the detenue is studying MCA course, which is also to be taken into consideration.

4. In this context, it is useful to refer to the judgment of the Hon'

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