S. M. SUBRAMANIAM, R. SAKTHIVEL
B. Suman – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records of pertaining to the order of detention dated 14.06.2024 passed by the 2nd respondent in TPDA - 5946 in Memo No. 673/BCDFGISSSV/2024 and quash the same and produce the detenue namely Rajendra Parihar S/o. Mala Ram. Sirvi who is detained in central prison, Puzhal before this Honble Court and set at liberty.
1. The petitioner herein, who is the wife of the detenu namely Rajendra Parikar, aged about 28 years, confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 14.06.2024 slapped on her husband, branding him as “Goonda” under the 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. The learned counsel for the petitioner submitted that the booklet served on the detenue has been improperly translated. More specifically, the index annexed along with the typeset has not been properly translated, which resulted in causing prejudice to the detenue to submit
Procedural safeguards in preventive detention, particularly the right to understand the grounds for detention, are essential for ensuring personal liberty.
The court established that effective representation rights under Article 22(5) require documents to be provided in a language understood by the detenu.
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 includes the provision of documents in a language understood by the detenue, as mandated by Article 22(5) of the Constitution.
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 effective representation requires documents to be provided in a language understood by the detenue, as per Article 22(5).
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) of the Constitution.
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 effective representation requires proper translation of detention grounds, as per Article 22(5) of the Constitution.
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