Petitioner filed a Habeas Corpus petition seeking premature release of a detenue, S.A.Basha, based on a Government Order. The petition was withdrawn with liberty to challenge the rejection order in a competent forum, resulting in its dismissal.
Habeas Corpus Petition dismissed as withdrawn; liberty granted to challenge the order of rejection.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.30 of 2019
B.Mubeena ...Petitioner
Versus
State rep by.
1.The Secretary to Government
Home Department,
Fort.St.George, Chennai 600 009.
2.The Additional Director General of Police,
Egmore,
Chennai 600 008.
3.The Superintendent,
Central Prison,
Kovai. ...Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to release the life convict prisoner the detenue, S.A.Basha, S/o.Abdhul Rehman, aged about 78 year, Convict No.3244 prematurely as per the G.O.(Ms.).No.64, dated 01.02.2018, the detenue, detained at Central Prison, Kovai-18.
For Petitioner : Dr.S.Manoharan
For Respondents: Mr.C.Iyyappa Raj
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
It is represented by Dr.S.Manoharan, learned counsel for the petitioner on instructions that seeking premature release, in terms of Government Order in G.O.Ms.No.64 of Home (Prison-IV)
Department, dated 01.02.2018, by filing this Habeas Corpus Petition, came to be rejected vide proceeding in G.O.(D).No.296, Home (Prison-IV) Department, dated 18.03.2019 and seeks permission of this Court to withdraw this Habeas Corpus Petition with a liberty to challenge the said order and he has also made an endorsement to that effect.
B.Mubeena
The Secretary to Government, Home Department
The Additional Director General of Police
The Superintendent, Central Prison
M.SATHYANARAYANAN
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
