[Order of the Court was made by S.NAGAMUTHU,J.] This Habeas Corpus Petition has been filed, by the father of the detenu, namely, Pushparaj, to issue a Writ of Habeas Corpus, to call for the records connected with the detention order of the second respondent, in Memo No.550/BCDFGISSSV/2016, dated 04.06.2016 and set aside the same and direct the respondents to produce the body and person of the petitioner's son, by name Pushparaj, son of Santhanam, male, aged about 23 years, detained in Central Prison-II, Puzhal, Chennai, before this Court and set him at liberty.
2. We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
3. Though, several grounds have been raised in this Habeas Corpus Petition, Mr.C.Arivazhagan, the learned counsel appearing on behalf of the petitioner, would submit that several pages in the booklet furnished to the detenu are illegible and could not be read at all. This illegible copies would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated on these grounds and the same is liable to be quashed.
4. Per contra, the learned Additional Public Prosecutor would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. Therefore, he submits that the Habeas Corpus Petition does not merit any consideration and the same is liable to be dismissed.
5. A perusal of the booklet supplied to the detenu would show that the copies of documents referred and relied upon and referred to by the Detaining Authority, several pages are illegible and are totally unreadable. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone.
6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 04.06.2016, passed by the second respondent is set aside. The detenu is directed to be released, forthwith, unless, his presence is required in connection with any other case.
[S.N.J.,] [Dr.A.S.M.J.,] 16.03.2017 Index : Yes / No Internet : Yes sri To
1. The Inspector of Police (Crime), J-8, Neelankarai Police Station, Chennai.
2. The Commissioner of Police, Greater Chennai, Chennai – 600 008.
3. The Principal Secretary to Government, Home, Prohibition and Excise Department, Chennai – 600 009.
4. The Additional Public Prosecutor High Court, Madras.
S.NAGAMUTHU, J.
AND ANITA SUMANTH, J.
sri
H.C.P.No.1978 of 2016
16.03.2017
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