BALA SAKEB SHINDE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the father of the detenu Amol Bala Sakeb Shinde, S/o.Bala Sakeb Shinde, aged about 29 years. The detenu has been detained by the second respondent by his order in No.338/BCDFGISSSV/2021 dtd. 12/11/2021, holding him to be a "Goonda" as contemplated under Sec. 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) The learned counsel for the petitioner would submit that the detenu is the native of Maharashtra and he knows only Marati and Hindi. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that except the detention order all other relied upon documents have not been translated in vernacular language i.e. Hindi. He would further submit that the even detention order furnished in vernacular language is illegible. This deprived the detenu from making effective representation. Therefore, the impugned order of detention is vitiated under Article 22(5) of the Constitution of India and the same is liable to be quashed.