Madasamy @ Pulsar Burma v. Secretary to Government, Home, Prohibition and Excise (IX) Department
2016-01-08
P.R.SHIVAKUMAR, V.S.RAVI
body2016
DigiLaw.ai
ORDER : V.S. RAVI, J. The petitioner is the detenu-Madasamy @ Pulsar Burma, Son of Pandaram. He was detained by the second respondent by his order in H.S.(M) Confdl.No.71/2015, dated 15.10.2015, holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) of the Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No.194 of 2015 registered on the file of Murappanadu Police Station for offences punishable under Sections 366(A) IPC, which was altered into 4 of Protection of Children from Sexual Offences Act 2012. Challenging the same, he has come up with this Habeas Corpus Petition. 2. The Detaining Authority, expressing subjective satisfaction that the detenu conformed to the definition of "Sexual Offender" and that his presence at large would be prejudicial to the maintenance of public order and also expressing subjective satisfaction that it is very likely that the detenu would come out on bail, passed the impugned detention order. The said order is challenged in the present Habeas Corpus Petition. 3. Though the order of detention is assailed on a number of grounds raised in the affidavit filed in support of the Habeas Corpus Petition, the learned counsel for the petitioner straight away has drawn the attention of this Court that there is no proper translation made by the Detaining authority in between English conversion and Tamil Conversion. On that score alone, the detention order is liable to be set aside. 4. The submissions made by the learned Additional Public Prosecutor are also heard. 5. For better appreciation, the relevant paragraph found at Page No.4, in paragraph No.6 of the detention order is reproduced hereunder:- "The Madasamy @ Pulsar Burma has filed bail application before Mahila Court, Thoothukudi in Cr.M.P.No.482/2015 dated 05.10.2015 regarding Murappanadu P.S.Cr.No.194/2015 and the same is pending. In a similar case registered in Murappanadu Police Station in Cr.No.103/2015 u/s. 366(A) IPC r/w 4 of POCSO Act 2012, the accused Rajamani @ Jaison was released on bail on 14.03.2015 in Crl.M.P.No.714 of 2015 in the Court of Principal Sessions, Thoothukkudi. Hence, I infer that it is very likely of his coming out on bail in the above case since bails are granted by the Court in such cases.” 6. The corresponding paragraph in Tamil translation found at Page No.9 is reproduced hereunder:- X X X 7.
Hence, I infer that it is very likely of his coming out on bail in the above case since bails are granted by the Court in such cases.” 6. The corresponding paragraph in Tamil translation found at Page No.9 is reproduced hereunder:- X X X 7. As rightly contended by the learned counsel for the petitioner and on a perusal of the above-said paragraphs, it is found that there is no proper translation in the Tamil Version as well as the English version. Therefore, non-application of mind on the part of the Detaining Authority is obvious from a comparison of the English version as well as Tamil version and the same will show the mechanical clamping of the order of detention by the Detaining Authority. Therefore, the Habeas Corpus Petition is liable to be allowed. 8. In the result, the Habeas Corpus Petition is allowed and this Court sets aside the Order of Detention dated 15.10.2015, made in No.H.S.(M) Confdl.No.71/2015, passed by the second respondent, the District Collector and District Magistrate, Thoothukudi District, Thoothukudi, and directs the release of the detenu, by name Madasamy @ Pulsar Burma, aged about 24 years, son of Pandaram forthwith, if his continued custody is not authorised in specific cases or by any other detention order.