The High Court dismissed a Habeas Corpus Petition filed by the detenu's daughter seeking transfer of the prisoner from Vellore to Salem. The Court held the petition was legally unsustainable as the detenu had not challenged the respondents' transfer order.
Petition dismissed as legally not sustainable due to failure to challenge the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN
and
THE HONOURABLE MR.JUSTICE C.T.SELVAM
H.C.P.No.1474 of 2015
Narthika .. Petitioner
Vs.
1. The State of Tamil Nadu,
Rep.by its Secretary,
Department of Home,
Fort St. George,
Chennai – 600 009.
2. The Superintendent of Police,
Central Prison,
Vellore. .. Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to transfer the detenu, Koolai Nagarajan, Son of Mariappan, now confined at Central Prison, Vellore to Central Prison, Salem to secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.A.N.Thambidurai Additional Public Prosecutor
ORDER
[Order of the Court was made by S.TAMILVANAN, J.]
This Habeas Corpus Petition has been filed by the petitioner/daughter of the detenu invoking under Article 226 of Constitution of India, seeking an order to transfer the prisoner Koolai Nagarajan, son of Mariappan, now confined at Central Prision, Vellore to Central Prison, Salem.
prisoner has certain supporters and opposing some persons which would secondly create some complications for the prisoner and that there is no safety for the prisoner. The respondents have suggested the alternate solution that to transfer the prisoner to Central Prison, Coimbatore but the same was not accepted by the petitioner.
Sd/-
Assistant Registrar (Judicial)
/True Copy/
Sub-Assistant Registrar
To
1. The Secretary
State of Tamilnadu,
Department of Home,
Fort St. George,
Chennai – 600 009.
2. The Superintendent of Police,
Central Prison,
Vellore.
3. The Superintendent of Police,
Central Prison, Salem.
4. The Public Prosecutor,
High Court, Madras.
H.C.P.No.1474 of 2015
KK(CO)
sd : 05/11/2015
1 issue framed by the court
Whether a Habeas Corpus Petition is maintainable when the detenu has not challenged the order passed by the respondents.
1 provisions across 1 enactments
Narthika
The State of Tamil Nadu
The Superintendent of Police, Central Prison, Vellore
S.Tamilvanan
C.T.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
