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Madras High Court

Mannu @ Boopathy vs The Secretary To Government, ... on 24 January, 2005

Equivalent citations: 2005(2)CTC47

Author: M. Karpagavinayagam

Bench: M. Karpagavinayagam

ORDER

 

M. Karpagavinayagam, J.
 

1. Detenu himself is the petitioner herein. Challenging the order of Detention, dated 25.9.2004, branding him as a 'Gooda', this Habeas Corpus Petition has been filed, on the ground that there is a defective translation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing for the respondents.

3. In page 133 of the Booklet, the Arrest Report would contain Column 6, as to how disposed of, with date and hour of disposal. In the said column, it is mentioned as "sent to remand".

4. It is pointed out by the learned counsel for the petitioner that while the said version is translated from English to Tamil in page 134 in column 6, it is not correctly translated, as the date 13.9.2004 mentioned in Tamil column does not find place in English column.

5. Admittedly, the said defective translation would make the detention order vitiated. Hence, this Habeas Corpus Petition is allowed and the order of detention impugned herein is quashed. Consequently, the detenu, namely, Mannu @ Boopathy is ordered to be set at liberty forthwith, unless he is required in connection with any other case.