Madras High Court
D.Suresh vs The State Of Tamil Nadu on 16 June, 2014
Author: V.Dhanapalan
Bench: V.Dhanapalan, G.Chockalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 16.06.2014 Coram: THE HON'BLE MR.JUSTICE V.DHANAPALAN and THE HON'BLE MR.JUSTICE G.CHOCKALINGAM H.C.P.No.2900 of 2013 D.Suresh ... Petitioner -vs- 1. The State of Tamil nadu, rep. by the Secretary to the Government, Department of Prohibition and Excise (Home), Fort St. George, Chennai 600 009. 2. The Commissioner of Police, Chennai City Police, Commissioner Office, Egmore, Chennai 600 008. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus, to call for the records relating to the impugned order in No.1488/2013 dated 30.10.2013 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the detenu Anandakumar, son of Palayam, aged about 26 years, now confined at Central Prison, Puzhal, Chennai, before this court and set him at liberty. For Petitioner : Mr.K.Ilayaraja For Respondents : Mr.P.Govindarajan Addl. Public Prosecutor O R D E R
(Order of the Court was made by V.Dhanapalan,J.) The petitioner is the cousin brother of the detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in Memo No.1488/BDFGISSV/2013, dated 30.10.2013.
2. The detenu came to adverse notice in the following cases:-
Sl.No. Police Station and Crime No. Sections of Law
1. S-5, Pallavaram Police Station Crime No.1503/2012 379 IPC
2. S-15, Selaiyur Police Station, Crime No.681/2013 379 IPC
3. S-5, Pallavaram Police Station Crime No.590/2013 379 IPC
4. S-12, Chitlapakkam Police Station Crime No.869/2013 379 IPC
5. S-5, Pallavaram Police Station Crime No.787/2013 379 IPC
6. S-5, Pallavaram Police Station Crime No.1021/2013 379 IPC
7. S-9, Pazhavanthagal Police Station Crime No.694/2013 379 IPC
8. S-15, Selaiyur Police Station Crime No.1388/2013 379 IPC
9. E-1, Mylapore Police Station Crime No.1537/2013 379 IPC
10. S-12, Chitlapakkam Police Station Crime No.1296/2013 379 IPC The ground case alleged against the detenu is one registered on 13.10.2013 by the Inspector of Police, S-5, Pallavaram Police Station in Crime No.1221/2013 for offences under Sections 341, 294(b), 392, 336, 427, 506(ii) IPC.
3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he mainly focused his arguments on the ground that there is variation in translation of the remand order dated 15.10.2013, which has deprived the detenu in making effective representation to the authorities concerned and therefore, on this sole ground, the detention order is liable to be quashed.
4. We have heard the learned Additional Public Prosecutor on the above submission.
5. A careful scrutiny of the booklet and a comparison of the English version of the remand order dated 15.10.2013 annexed in Page No.317 of the booklet with the Tamil version annexed in page 319 would reveal some defects in translation. The English version of the remand order reads thus:
Accused produced on 15.10.2013, 5.00 p.m. Grounds of arrest informed. No complaint against police. No external injury. Remanded to judicial custody till 29.10.2013. The Tamil version reads thus:
"vjphpfs; 15/10/2013 khiy 5/00 kzpf;F M$h;gLj;jg;gl;ldh;/ 29/10/2013 tiu ePjpkd;w fhtypy; itf;fg;gl;lJ/ "
6. On verification of the English and Tamil version of the remand order dated 15.10.2013 found at pages 317 and 319 of the booklet, it is seen that there is contradiction in translation. Though in the English version of the remand order, the aspects 'Grounds of arrest informed', 'No complaint against police and 'No external injury' are stated, the same are omitted to be translated in the Tamil version. Thus, when there is discrepancy between English and Tamil versions, the opportunity of making effective representation upon knowledge of the factual situation stands denied to the detenu and the same, which amounts to infringement of right ensured under Article 22(5) of the Constitution of India, would vitiate the order of detention.
7. For the aforesaid reason, the impugned detention order passed by the 2nd respondent, detaining the detenu, namely, Ananda Kumar made in BDFGISSV No.1488/2013 dated 30.10.2013, is quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
[V.D.P.J.,] [G.C,J.,] 16.06.2014 Index : Yes abe To :
1. The Secretary to the Government, State of Tamil nadu, Department of Prohibition and Excise (Home), Fort St. George, Chennai 600 009.
2. The Commissioner of Police, Chennai City Police, Commissioner Office, Egmore, Chennai.
3. The Public Prosecutor High Court, Madras.
V.DHANAPALAN,J.
AND G.CHOCKALINGAM,J.
abe Order in H.C.P.No.2900 of 2013 Dated: 16.06.2014