In this habeas corpus petition, Priya challenged the detention order of her husband under the Tamil Nadu Act 14 of 1982. The High Court found the order suffered from non-application of mind, quashed it, and ordered the detenu's release.
Detention order under C.No.29/G/IS/2015 dated 29.06.2015 quashed; detenu ordered to be set at liberty forthwith.
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 : 26.10.2015
CORAM
THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE C.T.SELVAM H.C.P.No.1643 of 2015
Priya
W/o.E.Bennatic Varghese @ Benny .. Petitioner
Vs.
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police/Detaining Authority,
O/o.The Commissioner Office,
Coimbatore City,
Coimbatore. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus to call for the records pertaining to detention order passed by second respondent in C.No.29/G/IS/2015 dated 29.06.2015 against the detenu F.Bennatic Varghese @ Benny S/o.Late Francis, aged 28, quash the same and consequently, direct the respondents to produce the detenu, who is confined at Central Prison, Coimbatore, before this Court and set him at liberty.
For Petitioner : Mr.S.Vinoth For Respondents : Mr.M.Maharaja, Additional Public Prosecutor O R D E R
[Order of the Court was made by S.TAMILVANAN, J.]
Petitioner is the wife of the detenu, who has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under orders of second respondent passed in C.No.29/G/IS/2015 dated 29.06.2015. Such order is under challenge herein.
The ground case has been registered against the detenu in Crime No.276 of 2015 on the file of B-7 Ramanathapuram Police Station for offences under Sections 392 r/w 397 and 506(ii) IPC.
The present order is only for the purpose of disposal of this petition and shall not have any bearing upon connected criminal cases pending before the competent Court.
Sd/-
Asst.Registrar (CS VII )
/true copy/
Sub Asst. Registrar
gm
To
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police/Detaining Authority,
O/o.The Commissioner Office,
Coimbatore City,
Coimbatore.
3.The Public Prosecutor,
High Court, Madras.
4.The Superintendent of Central Prison
Coimbatore.
5.The Joint Secretary to Government,
Public (Law & Order)Department,
Fort St.George, Chennai 9.
H.C.P.No.1643 of 2015
svi co kra 05/11/2015
2 issues framed by the court
Whether the High Court can quash the detention order passed under Tamil Nadu Act 14 of 1982 on the grounds of non-application of mind?
Whether the petitioner (wife) has the locus standi to file a Writ of Habeas Corpus for her husband's release?
1 provisions across 1 enactments
Priya (W/o E. Bennatic Varghese @ Benny)
The Secretary to Government, Home, Prohibition and Excise Department
The Commissioner of Police/Detaining Authority
Dr. Justice S. Tamilvanan
Mr. Justice C.T. Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
