A writ petition under Article 226 praying for habeas corpus was filed challenging a detention order passed with a delay of over two months in a rape and murder case. The High Court dismissed the petition, holding that the delay was justified given the need to collect records.
The Habeas Corpus Petition stands dismissed.
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: 08.10.2020
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR
H.C.P. No.558 of 2020
Revathi ... Petitioner
vs
1.The Secretary to Government
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 09.
2.The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police
(Goondas Section),
Vepery, Chennai – 07. ... Respondents
Petition filed under Article 226 of the Constitution of
India to issue a writ of habeas corpus calling for the entire
records connected with the detention order of the second
respondent in BCDFGISSSV No.73/2020 dated 07.02.2020 and quash
the same and direct the respondents to produce the body and
person of petitioner's husband namely Loganathan @ Babu, son of
Rajakannan, aged about 28 years, detained in Central Prison,
Puzhal, Chennai before this Court and set him at liberty
forthwith.
For Petitioner .. Mr.B.M.Santharam
For Respondents .. Mr.R.Prathap Kumar,
Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Challenging the detention order passed by the second respondent dated 07.02.2020, the petitioner has come forward to file this habeas corpus petition.
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To
1.The Secretary to Government
Chennai – 09.
2.The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police
(Goondas Section),
Vepery, Chennai – 07.
3.The Superintendent,
Central Prison, Puzhal, Chennai – 66.
4.The Public Prosecutor,
High Court, Madras.
5.The Joint Secretary to Government,
Public (L & O) Fort St. George,
Chennai-9.
H.C.P. No. 558 of 2020
mp[co]
srg 21/10/2020
2 issues framed by the court
Whether the delay in passing the detention order entitles the petitioner to quash the order in a case involving rape and murder of a minor.
Whether the time taken to collect medical records from the trial Court justifies the delay in the detention order.
1 provisions across 1 enactments
Revathi
The Secretary to Government Home, Prohibition and Excise Department
The Commissioner of Police, Greater Chennai
M.M.SUNDRESH
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
