IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.10.2007 CORAM THE HON'BLE MR.JUSTICE P.D.DINAKARAN AND THE HON'BLE MR.JUSTICE R.REGUPATHI Habeas Corpus Petition No.917 of 2007 Vasanthi .. Petitioner Vs. 1. The Secretary to Government Prohibition & Excise Department Fort St. George, Chennai 9. 2. The Commissioner of Police Chennai City Police Chennai. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Habeas Corpus for the relief stated therein. For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.N.R.Elango Additional Public Prosecutor O R D E R (Order of the Court was made by P.D.DINAKARAN,J.) The petitioner, who is the wife of the detenu, Venkatesan, son of Natarajan, who was detained at Central Prison, Puzhal, Chennai, pursuant to the order of detention dated 31.5.2007 passed under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Goonda, has filed this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention dated 31.5.2007 passed by the second respondent in Memo No.226/BDFGISSV/2007 against her husband, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty. https://hcservices.ecourts.gov.in/hcservices/ 2. According to the detaining authority, viz., the second respondent, the ground case is said to have taken place on 6.4.2007 at about 9.30 hours. On receipt of reliable information, in respect of Crime No.816 of 2007 on the file of K1 Sembium Police Station for the offences punishable under Sections 147, 148, 341, 324, 307, 302 and 506(ii) IPC, the police personnel surrounded the detenu and one Tamilselvam @ Tamil, Venugopal @ Venu, Sugumar @ Sugu, Sridhar and Settu in front of Perambur thangal Cemetary, who threatened them at knife point by uttering filthy words. Further, they kicked the police on their abdomen, due to which the police personnel fell down. When the detenu and others tried to escape from the spot, the police personnel shouted and chased them. The public rushed to catch them. But, the detenu and others threatened the public at knife point and pelted stones by uttering filthy words. The public and the shopkeepers ran here and there fearing danger to their lives and properties. By their action, the detenu and others created panic. In the melee, the detenu and others escaped from the spot. A case was registered in Crime No.626 of 2007 under Sections 332, 323, 325, 336, 307 and 506(ii) IPC. The detenu was produced on P.T. Warrant on 27.4.2007 in Crime No.626 of 2007 and remanded to judicial custody. 3. The second respondent, taking note of the above case as a ground case and finding that there are two adverse cases pending against the detenu in Crime No.890 of 2006 on the file of K9 Thiru.Vi.Ka.Nagar Police Station for the offences punishable under Sections 147, 148, 448, 323, 427 and 506(ii) of I.P.C. and Crime No.816 of 2007 on the file of K1 Sembium Police Station for the offences punishable under Sections 147, 148, 341, 324, 307, 302 and 506(ii) of I.P.C. and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda. 4. Heard Mr.K.Gandhi Kumar, learned counsel for the petitioner and Mr.N.R.Elango, learned Additional Public Prosecutor for the respondents. We have perused the materials available on record. 5. The learned counsel for the petitioner challenges the impugned order of detention dated 31.5.2007 on the main ground of defective translation of the grounds of detention. In the English version of the grounds of detention, it is stated in Paragraph (4) as under: "I am aware that Thiru Venkatesan is in remand in K9 Thiru.Vi.Ka. Nagar Police Station Crime No.626/2007 and K1 Sembium Police Station Crime No.816/07 and has moved bail application in K1 https://hcservices.ecourts.gov.in/hcservices/ Sembium Police Station Crime No.816/2007 before the Principal Sessions Court, Chennai in Crl.M.P. No.4190/2007 and the same was dismissed." whereas in the vernacular translation of the grounds of detention, in paragraph (4), it is stated as under: "jpU bt';fnlrd; vd;gth; nf 9 jpU tp/f/efh; fhty; epiya Fw;w vz; 626-07 kw;Wk; nf 1 brk;gpak; fhty; epiya Fw;w vz; 816-07 Mfpa tHf;Ffspy; fhtypy; cs;shh; vd;gija[k;. mth; $hkPd; nfhUk; kD xd;iw nf1 brk;gpak; fhty; epiya Fw;w vz; 816-07 tHf;fpy; brd;id. Kjd;ik mkh;t[ ePjpkd;wk; Kd;ghf Fw;wg; gy;tif kD vz;/4190-07y; jhf;fy; bra;J mJ epYitapy; cs;sJ vd;gija[k; ehd; ed;F mwpntd;/ " According to the learned counsel, in view of the above defective translation, the detenu was not in a position to make an effective representation and hence the order of detention vitiates. 6. In the instant case, as rightly pointed out by the learned counsel for the petitioner, there is a contradiction between the English version and Tamil version of paragraph (4) referred to above. In the English version, it is stated that the detenu has moved bail application in K1 Sembium Police Station Crime No.816 of 2007 before the Principal Sessions Court, Chennai in Crl.M.P.No.4190 of 2007 and the same was dismissed, but in the Tamil version, it is stated that he has filed a bail application before the Principal Sessions Court, Chennai in Crl.M.P.No.4190 of 2007 for K1 Sembium Police Station Crime No.816 of 2007 and the same is pending. 7. In view of the above contradiction in the grounds of detention, the detenu was not able to make an effective representation. The order of detention is therefore vitiated. This petition must succeed and the same is ordered as prayed for. The detention order dated 31.5.2007 is set aside. The detenu is directed to be set at liberty forthwith unless his custody is required in connection with any other case. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ATR https://hcservices.ecourts.gov.in/hcservices/ To: 1. The Secretary to Government Prohibition and Excise Department Fort St. George, Chennai-9. 2. The Commissioner of Police Chennai City Police Chennai. 3. The Superintendent, Central Prison, Puzhal, Chennai. 4. The Public Prosecutor, High Court, Madras. 5. The Joint Secretary to Government of Tamilnadu Public (Law and order) Department, Fort St. George, Chennai-9. H.C.P.No.917 of 2007 JRG (CO) kk 9/10 https://hcservices.ecourts.gov.in/hcservices/