Petitioner sought habeas corpus regarding her husband's detention. The court accepted the Government's undertaking that no preventive detention under the NSA is intended currently and closed the petition accordingly.
Habeas Corpus petition stood closed; connected miscellaneous petitions closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P[MD]No.881 of 2018 and Crl.M.P.[MD]Nos.4725 & 4726 of 2018
A.Nandhini : Petitioner Vs. 1.Union of India rep. by its, Secretary, Ministry of Home Affairs, Department of Internal Security, North Block, New Delhi – 110 001.
2.State of Tamil Nadu rep. by its Principal Secretary, Public (Law and Order – F) Department, Chief Secretariat, Fort St.George, Chennai – 600 009.
3.The District Collector cum District Magistrate, Thoothukudi District, Thoothukudi – 628 004.
4.The Director General of Police, Dr.Radhakrishnana Salai, Chennai.
5.The Superintendent of Police, Thoothukudi District, Thoothukudi.
6.The Inspector of Police, SIPCOT Police Station, Thoothukudi.
7.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's husband / detenu namely S.Vanchinathan, S/o. Sethuraman, aged 37 years who is now detained in Central Prison, Palayamkottai as a remand prisoner and set him at liberty and consequentially directing the respondents 1 https://hcservices.ecourts.gov.in/hcservices/ to 3 not to invoke any preventive detention in particular detention proceedings under National Security Act, 1980.
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For Petitioner : Mr.M.Ajmal Khan
Senior Counsel for Mr.P.Kanagavel For Respondent No.1 : Mr.K.R.Laxman
Central Govt. Counsel
For Respondents 2 to 7 : Mr.K.Chellapandian
Additional Advocate General Assisted by Mr.K.Dinesh Babu Additional Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
When the matter was taken up for hearing, the learned Additional Advocate General submitted that there is no intention to invoke National Security Act, 1980, as of now. The learned Additional Advocate General further submitted that if the petitioner is found to be involved in any such activity in future, the National Security Act would be invoked.
2.In such view of the matter, this Habeas Corpus Petition stands closed, recording the undertaking given by the learned Additional Advocate General. However, we do not propose to say anything on the future conduct of the petitioner, in view of the affidavit filed before this Court. It is suffice to say that there is no room for apprehension with respect to the activities which the petitioner is alleged to have been involved. Accordingly, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar(CS-I)
To
1.The Secretary to Government, Union of India,
Ministry of Home Affairs, Department of Internal Security, North Block,
New Delhi – 110 001.
2.The Principal Secretary,
State of Tamil Nadu Public (Law and Order – F) Department, Chief Secretariat,
Fort St.George,
https://hcservices.ecourts.gov.in/hcservices/ Chennai – 600 009.
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3.The District Collector cum District Magistrate, Thoothukudi District, Thoothukudi – 628 004. 4.The Director General of Police, Dr.Radhakrishnana Salai, Chennai. 5.The Superintendent of Police, Thoothukudi District, Thoothukudi. 6.The Inspector of Police, SIPCOT Police Station, Thoothukudi. 7.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. 8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.K.R.Laxman, Advocate, SR.No.89864 +1CC to Mr.R.KARUNANIDHI, Advocate, SR.No.89122
H.C.P[MD]No.881 of 2018 08.10.2018 MR ES /SKN/RSK/SAR 1/01.11.2018/3P/11C
1 issue framed by the court
Whether the State intends to invoke preventive detention proceedings against the petitioner under the National Security Act, 1980.
A.Nandhini
Union of India
State of Tamil Nadu
District Collector cum District Magistrate, Thoothukudi
Director General of Police, Chennai
Superintendent of Police, Thoothukudi
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
