K.Lakshmi v. Secretary
Case brief
What is this about?
In an habeas corpus petition by a wife for her husband detained under preventive detention laws, this court quashed the detention order due to the detaining authority's failure to inform family members of the arrest, violating Article 22(1).
What did the court decide?
The detention order dated 28.09.2013 is quashed and the detenu is ordered set at liberty.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2014
CORAM:
THE HONOURABLE MR. JUSTICE V.DHANAPALAN AND THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
H.C.P.No.3080 of 2013
K.Lakshmi ... Petitioner -vs1. The State of Tamil Nadu, Represented by its Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009. 2. The Commissioner of Police, Egmore, Chennai - 600 008. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records made in No.1152/BDFGISSV/2013, dated 28.09.2013 on the file of the second respondent herein, quash the same as illegal and direct the respondents to produce the detenu Mambalam Kumar @ Krishnakumar, son of Manavalan, aged about 40 years, residing at No.30/97, Kumaram Colony, Ist Street, Saidapet, Chennai - 600 015, now confined at Central Prison, Puzhal, Chennai, [as remand prisoner] before this Hon'ble Court and set him at liberty.
(Order of the Court was made by V.Dhanapalan, J.)
The petitioner is the wife of the detenu. The detenu has been branded as a 'Goonda' as contemplated under Tamil Nadu Act 14 of 1982 and detained under order of the second respondent passed in No.1152/BDFGISSV/2013, dated 28.09.2013.
Issues for consideration
2 issues framed by the court
Whether the detention order is liable to be quashed for failure to intimate arrest to family members.
Whether non-intimation of arrest vitiates the detention order under Article 22(1).
Parties & counsel
- petitioner
K. Lakshmi
- respondent
The State of Tamil Nadu
- respondent
The Commissioner of Police, Egmore
Coram
Case details
As recorded by the court registry
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