Allowed

Renuka v. The Additional Chief Secretary to Government

Madras HC24 Mar 2023HCP(MD)/333/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a Habeas Corpus petition challenging a detention order passed against the petitioner's son under Section 2(ggg) of Tamil Nadu Act 14 of 1982. The court held that since the ground for detention was a single case in which the detenu was acquitted, the order had no basis and was set aside, directing immediate release.

What did the court decide?

The detention order passed in Cr.M.P.No.12/2022 dated 04.08.2022 is set aside, and the detenu Sivakumar is directed to be released forthwith.

Renuka Vs The Additional Chief… — Constitutional and Fundamental Rights | Madras HC (2023)

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H.C.P(MD)No.333 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.03.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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H.C.P(MD)No.333 of 2023

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Renuka ... Petitioner(mother of the detenue)

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-vs-

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1.State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai – 9.

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2.The District Collector/District Magistrate, Karur District, Karur.

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3.The Superintendent, Central Prison, Tiruchirappalli. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to

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issue a Writ of Habeas Corpus to call for the records pertaining to the proceedings of the second respondent made in his proceeding in Cr.M.P.No.

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https://www.mhc.tn.gov.in/judis ____________Page 1 of 4

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H.C.P(MD)No.333 of 2023

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12/2022 dated 04.08.2022 and quash the same and set petitioner's son by

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name “Sivakumar”, S/o.Mahalingam, aged about 23 years at liberty from third respondent.

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For Petitioner : Mr.K.C.Maniyarasu

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For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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This Habeas Corpus Petition has been filed by the mother of the detenu, challenging the detention order passed in Cr.M.P.No.12/2022, dated 04.08.2022, by the 2^nd respondent, branding him as “Sexual Offender”, as contemplated under Section 2(ggg) of Tamil Nadu Act 14 of 1982.

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2. It is a detention order that has been passed based on a single case. Mr.S.Ravi, learned Additional Public Prosecutor would submit that the son of

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the petitioner has been acquitted in the said case also.

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3. Hence, the very ground of detention does not survive. Therefore, the Habeas Corpus Petition is allowed. The detention order passed in

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https://www.mhc.tn.gov.in/judis ____________Page 2 of 4

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H.C.P(MD)No.333 of 2023

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Cr.M.P.No.12/2022, dated 04.08.2022, by the 2^nd respondent, is set aside. Consequently, the detenu viz., Sivakumar, aged about 23 years, who is now detained in Central Prison, Tiruchirappalli, is directed to be released forthwith, unless his presence or custody or detention is required in connection with any other case.

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[R.S.M., J.] [L.V.G., J.] 24.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes

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https://www.mhc.tn.gov.in/judis ____________Page 3 of 4

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H.C.P(MD)No.333 of 2023

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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H.C.P(MD)No.333 of 2023

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24.03.2023

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https://www.mhc.tn.gov.in/judis ____________Page 4 of 4

Renuka v. The Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

Renuka v. The Additional Chief Secretary to Government

Case brief

What is this about?

What did the court decide?

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