Madras High Court
Nasir Ahamed vs The Secretary To The Government on 29 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
HCP.No.1903 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
H.C.P.No.1903 of 2024
Nasir Ahamed ... Petitioner
Vs.
1. The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2. The District Collector & District Magistrate of
Viluppuram District, Viluppuram.
3. The Superintendent of Police,
Viluppuram District, Viluppuram.
4. The Superintendent of Prison,
Central Prison, Cuddalore.
5. The Inspector of Police,
Viluppuram West Police Station,
Viluppuram District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
Writ of Habeas Corpus, calling for the records in connection with the order of
detention passed by the second respondent dated 30.06.2024 in Rc.No.C2/24/2024
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HCP.No.1903 of 2024
against the petitioner Son Shadhab, Male, aged 35 years, S/o.Nasir Ahamed, who
is confined at Central Prison, Cuddalore and set aside the same and direct the
respondents to produce the detenue before the Court and set him at liberty.
For Petitioner : Mr.P.Raman
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in Rc.No.C2/24/2024, dated 30.06.2024, is sought to be quashed in the present Habeas Corpus Petition.
2.The bail order in the booklet served on the detenu has not been translated in the language known to the detenu, which would vitiate the entire proceedings.
3.The non supply of translated version of the abovesaid documents in the language known to the detenue caused prejudice to the detenue for submitting effective representation, which is a valuable right provided to the detenue under the Act.
4.Thus, the impugned order of detention in Rc.No.C2/24/2024, dated Page 2 of 4 https://www.mhc.tn.gov.in/judis HCP.No.1903 of 2024 30.06.2024, is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Shadhab, Male, aged 35 years, S/o.Nasir Ahamed, who is confined at Central Prison, Cuddalore, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.
[S.M.S., J.] [N.S., J.]
29.08.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
sli
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AND N.SENTHILKUMAR, J.
sli To
1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The District Collector & District Magistrate of Viluppuram District, Viluppuram.
3. The Superintendent of Police, Viluppuram District, Viluppuram.
4. The Superintendent of Prison, Central Prison, Cuddalore.
5. The Inspector of Police, Viluppuram West Police Station, Viluppuram District.
6. The Public Prosecutor, High Court, Madras.
H.C.P.No.1903 of 202429.08.2024 Page 4 of 4 https://www.mhc.tn.gov.in/judis