P.Vali v. the Secretary to the
Case brief
What is this about?
Petition challenged detention of P.T.Ramesh under Tamil Nadu Act 14 of 1982. Court found discrepancy in remand date, violating Article 22(5) right to representation. Quashed detention order and set detenu at liberty.
What did the court decide?
Impugned detention order quashed; detenu P.T.Ramesh set at liberty forthwith unless custody required for other case.
What the court decided
In the High Court of Judicature at Madras
Dated: 03.06.2014
Coram :-
THE HON'BLE MR.JUSTICE V.DHANAPALAN
and
THE HON'BLE MR.JUSTICE G.CHOCKALINGAM
Habeas Corpus Petition No.2345 of 2013
P.Valli ... Petitioner/Mother
-vs-
- The Secretary to the Government, Home, Prohibition and Excise Dept., Secretariat, Chennai-9.
- The Commissioner of Police, Chennai Police, Chennai City. ... Respondents
Prayer: Writ petition under Article 226 of the Constitution of India is filed praying for issuance of a writ of Habeas Corpus, calling for the records relating to the detention passed by the 2nd respondent in Memo No.926/BDFGISSV/2013 dated 07.09.2013, quash the same and direct the respondents to produce the detenu P.T.Ramesh, S/o.Pasupathi, male aged 26 years, now confined at the Central Prison, Vellore before this Hon'ble Court and set him at liberty.
Issues for consideration
2 issues framed by the court
Whether the detention order is vitiated due to a discrepancy in the date of remand which deprived the detenu of effective representation under Article 22(5).
Whether the defect in the detention order warrants quashing under a writ of habeas corpus.
Parties & counsel
- petitioner
P.Valli
- respondent
The Secretary to the Government, Home, Prohibition and Excise Dept.
- respondent
The Commissioner of Police, Chennai
Coram
Case details
As recorded by the court registry
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