The Court quashed a preventive detention order passed more than two months after arrest, noting the 'snap' of the live link between arrest and detention, and ordered the detenu's release.
Detention order S.C.No.26/2015 dated 09.06.2015 is quashed; detenu to be set at liberty forthwith unless custody required for any other case.
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.1703 of 2015
Deepa
W/o.Muniyappan @ Bhagavathi ...Petitioner
Vs.
1. The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 600 009.
2. The District Collector and District Magistrate,
Dharmapuri District,
Dharmapuri. ...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 S.C.No.26/2015 dated 09.06.2015 against the detenu
Muniyappan @ Bhagavathi S/o.Krishnan, aged 31, quash the same
and consequently, direct the respondents to produce the detenu,
who is confined at Central Prison, Salem, before this Court and
set him at liberty.
For Petitioner : Mr.T.Naveen Chandar
For Respondents : Mr.M.Maharaja,
Additional Public Prosecutor
O R D E R
[Order of the Court was made by C.T.SELVAM, J.]
Petitioner is the wife of the detenu, who has been branded as a "Sexual Offender" under the Tamil Nadu Act 14 of 1982 and
detained under orders of second respondent passed in S.C.No.26/2015 dated 09.06.2015. Such order is under challenge herein.
The detention order passed by second respondent, detaining the detenu Muniyappan @ Bhagavathi S/o.Krishnan, aged about 31 years, made in S.C.No.26/2015 dated 09.06.2015, is quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
gm
To
1. The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 600 009.
2. The District Collector and District Magistrate,
Dharmapuri District,
Dharmapuri.
3. The Public Prosecutor,
High Court, Madras.
4. The Superintendent of Central Prison
Salem.
1 CC to Mr.T.Naveen Chandar, Advocate SR.No. 57867
H.C.P.No.1703 of 2015
SVI (CO)
PSI (05.11.2015)
1 provisions across 1 enactments
Deepa W/o. Muniyappan
Principal Secretary to Government, Home, Prohibition and Excise Department
District Collector and District Magistrate, Dharmapuri
S.TAMILVANAN
C.T.SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
