Research › Search › Judgment

Madras High Court · body

2021 DIGILAW 1809 (MAD)

Sagunthala v. State of Tamil Nadu represented by The Secretary to Government

2021-06-28

P.N.PRAKASH, R.PONGIAPPAN

body2021
ORDER : P.N.PRAKASH, J. 1. The petitioner is the mother of Siva, son of Manigandan @ Mani @ Bonda Mani, son of Nandhan, aged about 28 years, who is the detenu. The detenu has been detained by the second respondent by his order in B.C.D.F.G.I.S.S.S.V.No.38/2020 dated 05.10.2020, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. 2. We have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and we have also perused the records carefully. 3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed. 4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially Form-91 pertaining to the ground case at Page No.93 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenu to effectively defend himself against his detention. Thus the impugned detention order is liable to be set aside on this ground. In the result, the Habeas Corpus Petition is allowed and the order of detention in B.C.D.F.G.I.S.S.S.V.No.38/2020 dated 05.10.2020, passed by the second respondent is set aside. The detenu, viz., Manigandan @ Mani @ Bonda Mani, son of Nandhan, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case.