HCP No. 1367 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 1367 of 2026 Kannan S/o.Sekar, ..Petitioner(s) Vs 1. The State of Tamil Nadu Represented by The Secretary to Government Home, Prohibition and Excise Department, For St.George, Chennai - 600 009. 2. The Superintendent of Prison Central Prison, Salem, Pincode - 636007. 3. The Commissioner of Police, Salem District. 4. The Inspector of Police, Karuppur Police Station, Salem District. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus or any other appropriate writ or direction in the nature of Writ calling for the records of the 2nd Respondent pertaining to the order passed in C.M.P.No.110/Goonda/Salem City/2025 dated 15.12.2025 in detaining the detenue Kannan, S/o.Sekar aged 27 years, who is detained in https://www.mhc.tn.gov.in/judis HCP No. 1367 of 2026 __________ Page2 of 6 Central Prison, Salem before this Honoruable Court and set him at liberty. For Petitioner(s): Mr.M.Selvaraj For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side) ORDER (Order of the Court was made by N.Sathish Kumar J.) The detenu viz., Kannan, S/o.Sekar, male, aged 27 years, has come forward with this petition challenging the detention order passed by the second respondent dated 15.12.2025 in C.M.P.No.110/Goonda/Salem City/2025 slapped on him, 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 Government Advocate (Crl.side) appearing for the respondents. 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 focussed his argument on the ground that the some of the pages in the booklet supplied to the detenu are illegible, which prevented the https://www.mhc.tn.gov.in/judis HCP No. 1367 of 2026 __________ Page3 of 6 detenu from making an effective representation against the impugned order of detention. 4.The said submission made by the learned counsel appearing for the petitioner has not been disputed by learned Government Advocate (Crl.side). 5.A perusal of the booklet supplied to the detenu would show that Page Nos. 159, 223 and 224 in Volume I of the booklet are illegible. As such, we find that the furnishing of the illegible copies would prejudice the detenu in making an effective representation against the impugned order of detention, dated 15.12.2005. 6.Hon'ble Supreme Court in State of Manipur Vs. Buyamayum Abdul Hanan reported in (2022) 19 SCC 509 has held that supply of the illegible copy of documents which has been relied upon by the detaining authority has deprived the detenu in making an effective representation. Relevant paragraphs of Hon'ble Supreme Court are paragraphs 22 and 23 and the same read as follows: '22. Thus, the legal position has been settled by this Court that the right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution and supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law. 23. It is the admitted case of the parties that Respondent 1 has failed to question before the detaining authority that illegible or blurred copies were supplied to him which were relied upon while passing the order of detention, but the right to make representation being a fundamental right under Article 22(5) of the Constitution in order to make effective representation, the detenu is always entitled to be https://www.mhc.tn.gov.in/judis HCP No. 1367 of 2026 __________ Page4 of 6 supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of detention enables him to make an effective representation. ' Therefore, we are inclined to set aside the impugned detention order on the ground that supply of illegible copies of documents relied on by the detaining authority has caused prejudice to the detenu in making an effective representation against the impugned order of detention. 7. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 15.12.2005 in C.M.P.No.110/Goonda/Salem City/2025 is hereby set aside. The detenu Kannan, S/o.Sekar, male, aged 27 years, 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.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa https://www.mhc.tn.gov.in/judis HCP No. 1367 of 2026 __________ Page5 of 6 To 1. The Secretary to Government Home, Prohibition and Excise Department, For St.George, Chennai - 600 009. 2. The Superintendent of Prison Central Prison, Salem. Pincode - 636007. 3. The Commissioner of Police Salem District. 4. The Inspector of Police Karuppur Police Station, Salem District. 5. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9 6. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 1367 of 2026 __________ Page6 of 6 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. gpa HCP No. 1367 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis