In this Habeas Corpus petition, the Supreme Court noted that the detenue, now a major and pregnant, wished to reside with her father. Consequently, the Court could not hand her over to the petitioner but set her at liberty.
The Court could not hand over the detenue to the petitioner but set her at liberty.
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 : 23.04.2019
CORAM:
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR
H.C.P.No.2519 of 2018
S.Jayalakshmi .. Petitioner
Vs.
1.The Superintendent of Police
Thiruvarur District
Thiruvarur.
2.The Inspector of Police
Nannilam Police Station
Nannilam
Thiruvarur District.
3.Udayakumar
4.The Director General of Police
Government of Tamil Nadu
Chennai.
5.The Secretary to Government
Social Welfare Department
Government of Tamil Nadu
Fort St.George
Chennai.
6.The Inspector
Palaiyur Police Station
Nagapattinam. .. 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 and second respondents to search and produce the petitioner's minor child S.Uma Bharathi, D/o, Saminathan, aged about 17 years before this Court.
For Petitioner .. Mr.L.Ramu For Respondents.. Mr.C.Iyyappa Raj
Additional Public Prosecutor [R1, R2, R4 to R6]
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J)
This Court, in continuation and conjuncture with the earlier orders dated 01.11.2018, 15.03.2019 and 29.03.2019, is passing the following order.
Assistant Registrar (CJ Conf)
//True Copy//
Sub Assistant Registrar
ds
To:
1.The Superintendent of Police
Thiruvarur District
Thiruvarur.
2.The Inspector of Police
Nannilam Police Station
Nannilam
Thiruvarur District.
3.The Director General of Police
Government of Tamil Nadu
Chennai.
4.The Secretary to Government
Social Welfare Department
Government of Tamil Nadu
Fort St.George
Chennai.
5.The Inspector
Palaiyur Police Station
Nagapattinam.
6.The Public Prosecutor
High Court, Madras.
H.C.P.No.2519 of 2018
LN(CO)
GN(03/06/2019)
1 issue framed by the court
Whether the petitioner is entitled to the custody of the detenue, who is now a major.
1 provisions across 1 enactments
S.Jayalakshmi
State of Tamil Nadu represented by The Superintendent of Police, Thiruvarur District and others
M.SATHYANARAYANAN
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
