A Habeas Corpus petition filed by the daughter-in-law of a detenue challenged a detention order under the Tamil Nadu Act of 1982. The court held that since the detention order had been quashed in a previous order dated 20.08.2020, the present petition stands closed.
None; the petition declared closed.
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: 24.08.2021
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA
H.C.P.No.175 of 2020
Saranya, W/o. Rajesh
...Petitioner/
Daughter in law of Detenue
Vs.
Rep. by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department,
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling upon the production of the records relating to the detention order dated on 06.01.2020 made in detention order Memo No.BCDFGISSSV/03/2020 passed by the 2nd respondent herein, quash the same and direct the respondents to produce the body or person of the petitioner's Grandmother in law of detenue
Velankanni, W/o. Anbu, Hindu, aged about 50 years branded as Drug Offender and now confined in Central Prison, Puzhal, Chennai before this Court and set her at liberty forth.
For Petitioner : Mr.P.Sundara Rajan For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl.side]
ORDER
[Order of the Court was made by P.N.PRAKASH, J]
The petitioner is the daughter in law of the detenue viz., Velankanni, W/o. Anbu, aged 50 years. The detenue has been detained by the second respondent by his order in Memo No.BCDFGISSSV/03/2020 dated 06.01.2020, holding her to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
It is seen that the detention order in Memo No.BCDFGISSSV/03/2020 dated 06.01.2020 passed against the detenue viz., Velankanni, W/o. Anbu, aged 50 years, has been quashed by this Court vide order dated 20.08.2020. In view of the same, this Habeas Corpus Petition stands closed.
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
gm/sp
To
PL(CO) LS(14/09/2021)
2 issues framed by the court
Whether the Habeas Corpus petition filed for release of the detenue's grandmother in law remains maintainable after the detention order was previously quashed.
Whether the petitioner is entitled to a Writ of Habeas Corpus to produce records and direct release after the detention order has already been set aside.
1 provisions across 1 enactments
Saranya
The State of Tamilnadu
P.N.PRAKASH
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
