Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 2505 (MAD)

Kiran v. State of Tamil Nadu Rep. By Its Secretary To Govt. , Chennai

2013-07-17

C.T.SELVAM, V.DHANAPALAN

body2013
JUDGMENT :- V. Dhanapalan, J. 1. The petitioner is the mother of the detenu. The detenu has been branded as a "Goonda" as contemplated under Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in C.No.10/G/IS/2013 dated 06.02.2013. 2. The detenu came to adverse notice in the following cases:- 3. The ground case alleged against the detenu is one registered on 03.01.2013 by the Sub-Inspector of Police, B-4, Race Course Police Station in Crime No.25 of 2013 for the offence under Section 394 r/w 397 IPC. Aggrieved by the order of detention, the present petition has been filed. 4. Though learned counsel for the petitioner has raised several other grounds to assail the impugned order of detention, he mainly focussed his argument on the ground that while English version of para-3 of the detention order would indicate the date of alleged Crime No.25 of 2013 (ground case) as 03.01.2013 at about 16.30 hours, Hindi version informs the date of same crime as 27.09.2012 at 07:00 hours and therefore, on this sole ground the detention order is liable to be quashed. 5. We have heard the learned Additional Public Prosecutor on the above submission. 6. On verification of the record, it comes to light that there is a variation in translation between English and Hindi Version in respect of the same document. Thus, the discrepancy in translation would definitely deprive the detenu of the opportunity of clear understanding and making effective representation to the authorities concerned. The same, which amounts to an infringement of right ensured under Article 22(5) of the Constitution of India, would vitiate the order of detention. For the aforesaid reason, this Court would allow the present petition. 7. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenu, namely, R.Jeyaram, S/o. Rathiram, made in C.No.10/G/IS/2013 dated 06.02.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu, who is detained in the Central Prison, Coimbatore, is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.