Madras High Court
HCP/1240/2026 of Nagarajan Vs The State Rep by The Secretary to the Government on 28 September 2026
HCP No. 1240 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
HCP No. 1240 of 2026
CNR:{HCMA011534032026}
Nagarajan
S/o.Krishnaraj,
No.148, Indra Nagar,
Kirumampakkam Pet,
Bahour Commune,
Kirumambakkam Post,
Pondicherry - 607 402.
..Petitioner(s)
Vs
1. The State represented by
The Secretary to the Government
Home Prohibition and Excise Department,
Secretariat, Chennai - 600 009.
2. The District Collector and District Magistrate of Cuddalore District Cuddalore.
3. The Superintendent of Police
Cuddalore District,
Cuddalore.
4. The Superintendent of Prison
Central Prison,
Cuddalore.
5. The Inspector of Police
Thookanampakkam Police Station,
Cuddalore District.
..Respondent(s)
HCP No. 1240 of 2026
Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 26.05.2026 in C3/D.O./13/2026 against the petitioner’s son-in-law George Fernandes, male aged 24 years, S/o.William Raj, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty.
For Petitioner(s):
Mr.D.Balaji
For Respondent(s):
Mr.M.Mohamed Riyaz
Additional Public Prosecutor
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ORDER
(made by N.Sathish Kumar J.) The petitioner, who is the uncle of the detenu George Fernandes, male aged 24 years, S/o.William Raj, has come forward with this petition challenging the detention order passed by the second respondent dated 26.05.2026 in C3/D.O./13/2026 branding him as "Goonda" under 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].
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
HCP No. 1240 of 2026
3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil, but, the arrest/Court surrender form and memo of arrest at Page Nos.7 to 13 in Volume-I of the booklet, which was relied on by the authorities, was furnished to the detenu other than the language known to him and therefore, the same has prevented him from making an effective representation against the detention order. Hence, the impugned order is liable to be set aside.
4. A perusal of the booklet would disclose that the translated version of the arrest/Court surrender form and memo of arrest at Nos.7 to 13 in Volume-I of the booklet relied on by the detaining authority were not furnished to the detenu in a language known to him, thereby, the detenu has been put to prejudice and is deprived of making an effective representation for revocation of the detention order. The non-furnishing of translated version of document(s) relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed.
HCP No. 1240 of 2026
In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent in dated 26.05.2026 in C3/D.O./13/2026 is hereby set aside. The detenu George Fernandes, male aged 24 years, S/o.William Raj, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd
HCP No. 1240 of 2026
To
1. The Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The District Collector and District Magistrate of Cuddalore District Cuddalore.
3. The Superintendent of Police Cuddalore District, Cuddalore.
4. The Superintendent of Prison Central Prison, Cuddalore.
5. The Inspector of Police Thookanampakkam Police Station, Cuddalore District.
6. The Joint Secretary, Law and Order, Public Department, Secretariat, Chennai.
7. The Public Prosecutor, Madras High Court, Chennai.
HCP No. 1240 of 2026
N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 1240 of 2026 28-09-2026