In a Habeas Corpus petition under Article 226, the petitioner, a lawyer and stranger to the detenu, sought production of the body of Mrs. A. Kalarani. The Court held that the petitioner has no standing to file the petition as he is not a family member or concerned party, dismissing it as a waste of time.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 22.11.2018
DELIVERED ON : 27.11.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI
H.C.P(MD)No.1639 of 2018
S.Sitharthan
... Petitioner
Vs.
1.The State represented by The Inspector of Police, Theppakulam Police Station, Madurai.
2.R.Anand
3.A.Mathubala
4.Rengasubbu
5.R.Rajkumar 6.A.Gunasekaran
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus to direct the first respondent herein to produce the body of A.Kalarani, aged 59 years, daughter of Alagarsamy Naidu / wife of Ramachandran before this Court and set her at liberty.
For Petitioner : Mr.S.Sitharthan
Party-in-Person
For Respondents : Mr.V.Neelakandan
Additional Public Prosecutor for R.1
ORDER
“ ONE CAN'T DEVOUR FOR OTHER'S APPETITE .” That is what, the petitioner herein is sought for.
2
person and the learned Additional Public Prosecutor appearing for the first respondent.
Sd/ Assistant Registrar(Records)
/True copy/
Sub Assistant Registrar(CS-II)
To
The Inspector of Police, Theppakulam Police Station, Madurai.
Copy to:
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.SITHARTHAN, Advocate, SR.No. 97797 H.C.P(MD)No.1639 of 2018
RSB
KK/RSK/SAR-2/18.12.2018/2P-4C
2 issues framed by the court
Whether a lawyer who is a stranger to the detenu and has no relationship with the family can maintain a Habeas Corpus petition.
Whether the petitioner has locus standi to produce the body of A. Kalarani before this Court.
1 provisions across 1 enactments
S. Sitharthan
The State represented by The Inspector of Police, Theppakulam Police Station, Madurai
R. Anand
A. Mathubala
Rengasubbu
R. Rajkumar
R. Subbiah
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
