HCP No. 334 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 334 of 2026 Mahalakshmi W/o.Dakshinamurthy, No.2/4, East Madha Koil 4th street, panaimarathotti, royapuram, chennai - 600 013. ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, chennai - 600 009. 2. The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 007. 3. The Superintendent of Prison, central prison, puzhal, chennai - 600 066. 4. The State Rep. by the Inspector of Police, N-1, Royapuram police station, chennai. ..Respondent(s) Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other writ of direction calling for the records relating to the detention order in Memo No.1077/ BBCDEFGISSSV/2025, dated 26.12.2025 passed by the 2nd respondent under __________ Page1 of 6 https://www.mhc.tn.gov.in/judis HCP No. 334 of 2026 the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioners son Nishanthan S/o.Dakshinamurthy aged about 32 years the detenue, now confined in Central Prison, Puzhal, chennai before this Hon'ble Court and set him at liberty. For Petitioner(s): Mr. A.Vinoth Kumar For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side) ORDER (Order of the Court was made by N.Sathish Kumar J.) This Habeas Corpus Petition has been filed by to quash the order of detention passed by the 2nd respondent, dated 26.12.2025 in Memo No.1077 /BBCDEFGISSSV/2025 against the petitioner’s son. 2. We have heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing for respondents. We have also perused the records submitted by the detaining authority. 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 petitioner had been supplied with Volume I and II of booklets and page No.73 of Volume __________ Page2 of 6 https://www.mhc.tn.gov.in/judis HCP No. 334 of 2026 I of the said booklet, which contains a copy of Accident Register is illegible. According to him, even though a Tamil translated version of the Accident Register has been supplied, the same does not reflect the original contents of Accident Register. Hence, the detenu had been prevented from making an effective representation against the impugned order of detention. Thus, the detention order is vitiated and the same is liable to be quashed. 4.The said submission made by learned counsel appearing for the petitioner has not been disputed by learned Government Advocate. 5.A perusal of the booklet supplied to the detenu would show that the copy of the document relied on and referred to by the detaining authority, in page No.45 of Volume-I of the booklet, is illegible. As such, we find that the furnishing of the illegible copy would prejudice the detenu in making an effective representation against the impugned order of detention, dated 04.12.2025. 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 __________ Page3 of 6 https://www.mhc.tn.gov.in/judis HCP No. 334 of 2026 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 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. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis HCP No. 334 of 2026 7.In the result, the Habeas Corpus Petition is allowed and the order of detention bearing No.1077/BBCDEFGISSSV/2025, dated 26.12.2025 is set aside. The detenu, namely, Nishanthan, male, aged 32 years, S/o Dakshinamurthy is directed to be released forthwith unless his detention is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, chennai - 600 009. 2. The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 007. 3. The Superintendent of Prison, central prison, puzhal, chennai - 600 066. 4. The State Rep. by the Inspector of Police, N-1, Royapuram police station, chennai. 5. The Public Prosecutor, Madras High Court. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis HCP No. 334 of 2026 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. MST HCP No. 334 of 2026 13-08-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis