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2014 DIGILAW 1258 (MAD)

Thirulogoachandru (a) Chandru v. State of Tamil Nadu, rep. by its Secretary to Government

2014-06-11

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. Detenu himself is the petitioner. The detenu has been branded as a "Goonda" as contemplated under Tamil Nadu Act 14 of 1982 and detained under the order of the second respondent passed in Proceedings No.1309 of 2013 dated 12.10.2013. 2. As per the grounds of detention dated 12.10.2013, the detenu came to the adverse notice in the following cases :- Sl. No. Police Station & Crime No. Section of Law 1 P.4 Basin Bridge Police Station Cr.No.160/2011 147, 148, 324, 307, 302 I.P.C @ 147, 148, 307, 302, 120 (b) r/w 149 I.P.C. 2 P.1 Pulianthope Police Station Cr.No.1854/2013 147, 294(b), 341, 385 and 506(ii) I.P.C. 3. In para 3 of the grounds of detention, it is stated that the detenu is also involved in the commission of the offence, which took place on 9.10.2013 at 9.00 hours, which led to the registration of a case by Inspector of Police, P.4 Basin Bridge Police Station, in Crime No.787 of 2013 for the offences under Sections 294(b), 341, 427, 392 r/w 397 and 506(ii) I.P.C. It is further stated that the detenu was arrested on 9.10.2013 and produced before the learned V Metropolitan Magistrate, Egmore, Chennai on the same day and remanded to judicial custody. The detaining authority, on being satisfied upon the materials placed before him that the activities of the detenu are prejudicial to the maintenance of public order, clamped the order of detention. Challenging the said order, petitioner is before this Court by way of this habeas corpus petition. 4. Amidst several grounds raised, learned counsel appearing for the petitioner mainly focused his argument on the ground that there is variation in the translated version of the remand order from that of the English version. Therefore, the subjective satisfaction arrived by the detaining authority is not well founded. 5. We have heard the learned Additional Public Prosecutor appearing for the respondents on the above submission and perused the material documents available on record. 6. Therefore, the subjective satisfaction arrived by the detaining authority is not well founded. 5. We have heard the learned Additional Public Prosecutor appearing for the respondents on the above submission and perused the material documents available on record. 6. From a reading of the detention order, it is clear that the remand order dated 9.10.2013 has been relied on by the detaining authority and if so, it is necessary that the detenu should be furnished with the copy of the remand order not only in English version but also in the language known to him so as to enable him to make effective representation for redressal of his grievance before the appropriate forum. In the English version of the remand order dated 9.10.2013 found at Page No.59 of the booklet, it is stated thus: "Both produced. No complaints. Case explained. Remanded till 23.10.13. " whereas, in the vernacular version at Page No.60, it is stated as under: (TAMIL) Since there is variation in the translated version of the remand order in respect of words in English version " Both produced. No complaints. Case explained. Remanded till 23.10.2013 " and the same has been relied on by the detaining authority for clamping the order of detention, the detenu was prevented from making effective representation. Therefore, on this sole ground, the impugned order of detention is liable to be quashed. 7. Accordingly, the impugned detention order passed by the second respondent, detaining the detenu, namely, Thirulogachandru (a) Chandru S/o. Varadhan, made in Proceedings No.1309/2013 dated 12.10.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu, who is detained in the Central Prison II, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case. 8. However, in view of serious offences involved in this matter, it is open to the prosecution to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.