Quick Summary: On December 10, 2025, the Madurai Bench of Madras High Court canceled the detention order of Gunasekaran due to a mistake in the process. The court found that his rights were compromised because he wasn't given a translated document necessary for his defense.
Gunasekaran, a 32-year-old from Theni District, was detained as a "Sexual Offender" under Tamil Nadu Act 14 of 1982. His wife, G. Mangaleswari, challenged the detention order dated March 18, 2025, seeking his release from the Central Prison in Madurai.
Gunasekaran was arrested on February 16, 2025, based on a police report under the Protection of Children from Sexual Offences Act, 2012. The detention order followed on March 18, 2025. However, there was a delay in issuing this order, which became a point of disagreement.
A key issue was that Gunasekaran wasn't given a translated copy of a bail order related to another accused, Parameswaran, which was crucial for his defense. The court noted:
"The detained person is deprived of his important right to make an effective defense."
Referring to the Supreme Court's decision in Powanammal vs. State of Tamil Nadu, the court emphasized the importance of providing documents in a language the detained person understands. The court concluded that not doing so violated Gunasekaran's constitutional rights.
The court, led by Justices G.K. Ilanthiraiyan and R. Poornima, canceled the detention order, directing Gunasekaran's release unless he was needed for any other case. They stated:
"We have no hesitation in canceling the challenged detention order."
The court also advised that if Gunasekaran applies for bail in any future cases, the trial court should consider it based on its own facts, without being influenced by this decision.
This judgment highlights the important role of fair representation and the necessity of overcoming language barriers in legal proceedings.
