Mother of detainee filed habeas corpus petition to quash detention order. Court allowed petition, quashing the order due to unexplained delays affecting constitutional rights and directed release unless incarceration is required in another case.
Detention Order dated 15.02.2017 quashed and detenu Ganesan directed 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 07.09.2017
CORAM
THE HON'BLE Mr.JUSTICE A.SELVAM
and
THE HON'BLE Mr.JUSTICE P.KALAIYARASAN
H.C.P.No.1063 of 2017
Meenakshi .. Petitioner/Wife of the
detenue
Vs
1.The Secretary to the Government
Home, Prohibition and Excise Department
Secretariat
Chennai - 600 009
2. Commissioner of Police
Salem City, Police .. Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records in connection with the order of Detention passed by the second respondent dated 15.02.2017 in C.M.P.No.8/Goonda/Salem City/2017 against the petitioner husband Ganesan, male aged 28 years, S/o.Easwaran, who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor
O R D E R [Order of the Court was made by A.SELVAM, J.]
This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for the records relating to the detention order passed in C.M.P.No.8/GOONDA/SALEM CITY/2017 dated 15.02.2017, against the detenu by name, Ganesan, aged 28 years, S/o.Easwaran, No.7/208,
Srinagaram, Namamalai Adivaram, South Ammapet, Salem and quash the same.
i) Ammapet Police Station, Crime No.596 of 2016, registered under Section 302 of Indian Penal Code, altered into Sections 302, 201 and 109 of Indian Penal Code.
respondents with regard to such delay and that the same would affect the rights of the detenu guaranteed under Article 22(5) of the Constitution of India.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
gpa
To
1.The Joint Secretary to Government of Tamil Nadu,
Public [Law and Order] Department,
Secretariat, Chennai-9.
2.The Secretary to Government
Government of Tamil Nadu
Home, Prohibition and Excise Department
Secretariat
Chennai - 600 009
3. The Commissioner of Police
Salem City Police
4.The Superintendent
Central Prison
Salem
[in duplicate for communication to the detenu]
5.The Public Prosecutor,
High Court, Madras.
H.C.P.No.1063 of 2017
ca(co)
aa11/09/2017
3 issues framed by the court
Whether to grant relief under Article 226 by quashing the detention order due to delays affecting Article 22(5) rights.
Whether the representation submitted by the detenu was disposed of without delay.
Whether the detention order should be set aside and the detenu set at liberty.
3 provisions across 2 enactments
Meenakshi
The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai
The Commissioner of Police Salem City
A.SELVAM
P.KALAIYARASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
