Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 1531 (MAD)

Bhuvaneswari v. State of Tamilnadu

2014-06-18

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. The petitioner is the wife 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.19/BDFGISSV/2013, dated 22.11.2013. 2. The detenu came to adverse notice in the following cases:- S.No. Police Station and Crime No. Sections of Law 1. PonneriPEW, Crime No.192/2012 4(1)(a) r/w 4(1-A) TNP Act 2. Ponneri PEW, Crime No.307/2012 4(1)(a) r/w 4(1-A) TNP Act 3. Ponneri PEW, Crime No.720/2012 4(1)(aa) r/w 4(1-A) TNP Act 4. Ponneri PEW, Crime No.251/2013 4(1)(aa) r/w 4(1-A) TNP Act 5. Ponneri PEW, Crime No.643/2013 4(1)(aa) r/w 4(1-A) TNP Act 6. Ponneri PEW, Crime No.667/2013 4(1)(aa) r/w 4(1-A) TNP Act 7. Ponneri PEW, Crime No.723/2013 4(1)(a) r/w 4(1-A) TNP Act The ground case alleged against the detenu is one registered on 11.11.2013 by the Inspector of Police, Ponneri PEW in Crime No.724/2013 for offences under Section 4(1)(a) r/w 4(1-A) TNP Act. 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 11.11.2013 annexed in pages 111 and 112 of the booklet, 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 11.11.2013 annexed in Page No.111 of the booklet with the Tamil version annexed in page 112 would reveal some defects in translation. The English version of the remand order reads thus: “Accused produced at 6.00 p.m. No complaint against police. Grounds and family intimated. Free legal aid explained. No apprehended injury found. Right to consult an advocate explained. Remanded to judicial custody till 25.11.2013. ” The Tamil version reads thus: “TAMIL” 6. On verification of the English and Tamil version of the remand order dated 11.11.2013 annexed at pages 111 and 112 of the booklet, it is seen that there is contradiction in translation. In the English version, the aspects ''Free Legal Aid explained. No apprehended injury found. Remanded to judicial custody till 25.11.2013. ” The Tamil version reads thus: “TAMIL” 6. On verification of the English and Tamil version of the remand order dated 11.11.2013 annexed at pages 111 and 112 of the booklet, it is seen that there is contradiction in translation. In the English version, the aspects ''Free Legal Aid explained. No apprehended injury found. Right to consult an advocate explained.” 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, Kumar @ Vandi Kumar made in BDFGISSV No.19/2013 dated 22.11.2013, 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.