S. Jabarulla vs Commissioner of Police, Madurai City Madurai and Another

S. Jagadeesan, J.—The petitioner is the brother of the detenu, by name, Ibrahi, who had been detained as a Goonda as contemplated under

Tamil Nadu Act 14 of 1982 pursuant to the impugned order of detention dated 21.6.2001

The only ground urged before us challenging the impugned order of detention is that the detenu was not furnished with the Tamil translated

version of the order of remand and this would vitiate the impugned order of detention. As there is some merit in the contention and which has

necessarily to be accepted in view of the precedence, we are not proposed to deal with the facts in detail.

The learned Additional Public Prosecutor also conceded that the Tamil translated version of the remand report was not furnished to the detenu

inspite of having been asked for.

We carefully considered the representation of both the counsel. The Apex Court, in the case of Powanammal Vs. State of Tamil Nadu and

Another, has held as follows:

Advertising to the facts of this case, the appellant has made a representation for supply of the Tamil version of the copy of the order of remand

and specifically stated that the detenu could not understand the English language. Admittedly, the Tamil version of the order of remand was not

furnished to her. A perusal of the grounds shows that the order of remand was relied upon by the second respondent to reach subjective

satisfaction, so the detenu need not show that any prejudice was caused to her due to the non-supply of the Tamil version of the order of remand.

Therefore, the High Court is not correct i holding that the non- furnishing of the copy of the order of remand would not in any way prejudice the

detenu.

Following the above laid principle, we have no other option except to agree with the contention of the learned counsel for the detenu.

Accordingly, the impugned order of detention is set aside and the Habeas Corpus Petition is allowed. The detenu is directed to be set at liberty

forthwith unless his presence is required in connection with any other case.