Allowed

Shagilabanu v. the Secretary to Government

Madras HC23 Jul 2020HCP/936/2020

Case brief

AI extract

What is this about?

The High Court of Madras allowed a habeas corpus petition filed by the petitioner, wife of the detenu, challenging the detention order. The court quashed the order and directed the release of the detenu because the remand extension order was not translated in the booklet supplied to him.

What did the court decide?

Detention order dated 03.03.2020 quashed; Habeas Corpus petition allowed; Detenu directed to be set at liberty forthwith.

Shagilabanu Vs the Secretary to… — Constitutional and Fundamental Rights | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.07.2020

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CORAM :

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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H.C.P.No.936 of 2020

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Shagilabanu ...Petitioner

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1.The Secretary to Government,

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Ministry of Consumer Affairs,

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Food and Public Distribution,

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(Department of Consumer Affairs), No.270, KrishiBhavan,

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New Delhi – 110 001.

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2.The Secretary to Government,

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Food and Consumer Protection Department, Second Floor, Namakkalkavignar Maaligai, Secretariat, Chennai – 9.

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3.The District Collector and the District Magistrate, Villupuram District, Villupuram.

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4.The Superintendent of Police, Cuddalore District, Cuddalore.

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5.The Superintendent of Police Central Prison, Cuddalore.

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6.The Inspector of Police, Civil Supplies CID, Villupuram District. ...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in C2/4789/2020 dated 03.03.2020 on the file of the third respondent herein and quash the same as illegal and consequently direct the respondents to produce the Petitioner's husband Shahul Ameed S/o.Rahman Sait, aged about 34 years, who now confined in Central Prison, Cuddalore before this Court and set him at liberty.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.M.Selvam.

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For Respondents : Mr.R.Prathap Kumar, Additional Public Prosecutor.

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O R D E R

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(Order of the court was made by N.KIRUBAKARAN.J.,)

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The matter was heard through "Video Conferencing".

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2.The Petitioner who is the wife of the detenu has challenged the detention order passed against her husband in C2/4789/2020 dated 03.03.2020 by the Third Respondent.

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3.Heard Mr.M.Selvam, learned Counsel appearing for the Petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents.

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4.The records produced before this Court would reveal that the remand extension order has not been translated and supplied to the detenu in the booklet provided to him and the same vitiates, the detention order and this petition has to be necessarily allowed.

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5.Accordingly, the detention order passed by the Third Respondent in C2/4789/2020 dated 03.03.2020 is quashed and the Habeas Corpus Petition is allowed. The detenu viz., Shahul Ameed S/o.Rahman Sait, aged about 34 years, who is now confined in Central Prison, Cuddalore is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

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Sd/-

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Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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1.The Secretary to Government,

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Ministry of Consumer Affairs,

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Food and Public Distribution,

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(Department of Consumer Affairs),

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No.270, KrishiBhavan,

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New Delhi – 110 001.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Secretary to Government, Food and Consumer Protection Department, Second Floor, Namakkalkavignar Maaligai, Secretariat, Chennai – 9.

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3.The District Collector and the District Magistrate, Villupuram District, Villupuram.

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4.The Superintendent of Police, Cuddalore District, Cuddalore.

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5.The Superintendent of Police
Central Prison, Cuddalore.
6.The Inspector of Police,
Civil Supplies CID,
Villupuram District.
7.The Public Prosecutor,
High Court of Madras,
Chennai.
H.C.P.No.936 of 2020
SV(CO)
KKV/30/07/2020

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https://hcservices.ecourts.gov.in/hcservices/

Shagilabanu v. the Secretary to Government

Case brief

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Shagilabanu v. the Secretary to Government

Case brief

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