Iruthaya Pavulmary, v. the Commissioner of Police
Case brief
What is this about?
In a writ petition under Article 226 seeking habeas corpus for her missing daughter, the petitioner complained of illegal detention by a third party. The detenu appeared before the court, stated she voluntarily left home to find a job and was not detained illegally, though she refused to return to her mother. Being a major, the court directed her set at liberty.
What did the court decide?
Detenu set at liberty; petition closed as detenu was a major taking her own decision.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI
H.C.P.(MD)No.1549 of 2018
Iruthaya Pavulmary
: Petitioner
Vs.
- The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.
- The Inspector of Police, Sessions Court Police Station, Tiruchirappalli City.
3.Lourdhuraj : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the body or person of the petitioner's daughter, the detenu, viz., Jayaprishka, D/o.Arockiasamy, aged 23 years before this Court illegally detained by the 3rd respondent and set her at liberty forthwith.
Issues for consideration
2 issues framed by the court
Whether a habeas corpus petition regarding a missing major individual requires court intervention when the individual denies illegal detention.
Whether an adult detenu can choose to remain at liberty against the petitioner's wish.
Parties & counsel
- petitioner
Iruthaya Pavulmary
- respondent
Commissioner of Police, Tiruchirappalli City
- respondent
Inspector of Police, Sessions Court Police Station, Tiruchirappalli City
- respondent
Lourdharaj
Coram
Case details
As recorded by the court registry
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