Savithiri vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner, who is the daughter of the detenue by name Panneerselvi, who was detained as a ""Bootlegger"" as

contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral

Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated

14.11.2005, challenges the same in this Petition.

Heard learned Counsel for the petitioner as well as learned Government Advocate for the respondents.

At the foremost, learned counsel for the petitioner by drawing our attention to page No. 67 of the paper book, which is a remand extension

order passed on 11.11.2005 by the Judicial Magistrate No. II, Vridhachalam and also a relied upon document, contended that the translated copy

of the same has not been furnished to the detenue. It is not in dispute that though the said document has been relied on by the detaining authority

while passing the order of detention, the translated copy of the said order was not furnished to the detenue. The detenue being not conversant with

the English language and of the fact that the said document was relied on by the detaining authority, we hold that failure to furnish the Tamil version

of the remand extension order vitiates the order of detention. On this ground, we quash the impugned order of detention.

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

forthwith from the custody unless she is required in some other case or cause.