Ananthan v. the Superintendent of Police
Case brief
What is this about?
COURT OF JUDICATURE AT MADRAS DATED :…
What did the court decide?
Quashed the order of detention and directed the release of the detenu forthwith.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE B.RAJENDRAN
H.C.P.No.1153 of 2014
D.Poongodi
.. Petitioner
Vs.
- 1.State rep. by Secretary to Govt. Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
- 2.The District Collector & District Magistrate, Kancheepuram District, Kancheepuram.
.. Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in BCDFGISSSV No.37/2015 passed by the second respondent on 22.04.2015 and to set aside the same and direct the respondents to prodoce the detenu Dhasarathan, son of Annakotti, aged 38 years, who is now detained in Central Prison, Vellore, before this Court and to set him at liberty.
Issues for consideration
3 issues framed by the court
Whether the order of detention under the Tamil Nadu Prevention of Dangerous Activities Act is liable to be quashed on account of non-application of mind and furnishing of wrong facts by the detaining
Whether the infringement of the right to make an effective representation under Article 22(5) of the Constitution vitiates the detention order.
Whether the Habeas Corpus petition for the release of the detenu is maintainable.
Parties & counsel
- petitioner
D.Poongodi
- respondent
State represented by Secretary to Govt
- respondent
District Collector & District Magistrate, Kancheepuram
Coram
Case details
As recorded by the court registry
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