IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Pooja M – Appellant
Versus
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department – Respondent
The sister of the detenu-Sakkarai @ Loganathan, branded as ‘Goonda’ under Section 2(f) of theTamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 15.07.2025.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. Admittedly, the arrest intimation form, placed at page 17 of volume – 1 of the booklet, supplied to the detenu, has not been translated in the language known to the detenu, which is Tamil. This has deprived the detenu of his right to make an effective representation. In this regard, we may refer to the judgment of the Hon’ble Supreme Court in the case of'Powanammal Vs. State of Tamil Nadu'reported in'(1999) 2 SCC 413'.The relevant observations are as follows:
“8.The law relating to preventive detention has been crystallized and the principles are well neigh settled. The amplitude of the safeguard embodied in Art. 22(5) extends not merely to oral explanation of the grounds of detention and the material in support thereof in the language understood by the detenue but also to supplying their translation in script or language which is understandable to the detenue. Failure to do so wo
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