Habeas corpus petition challenging a preventive detention order; petitioner also filed a miscellaneous petition to dispense with production of certified copies. The court declined to dispense with production and rejected the habeas corpus petition at the scrutiny stage.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R. POORNIMA
Crl.M.P.(MD) No.11678 of 2024 in
H.C.P(MD)SR.No. 36510 of 2024
A. Jeyanthi ... Petitioner
Vs
PRAYER in Crl.M.P(MD)No.11678 of 2024 : Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India to to dispense with the production of the certified copy of the impugned detention order and grounds of detention in M.H.S. Confdl. No.182 of 2024 dated 15.10.2024 issued by the second respondent.
1/4
Prayer In HCP(MD)Sr. No.36510 of 2024 :This Habeus Corpus Petition has been filed calling for the records in pursuant to the proceedings of the second respondent detention order in M.H.S.Confdl.No.182 of 2024 dated 15.10.2024, quash the same and consequently direct the respondents to produce the petitioner's husband namely Ajith, S/o.Ramasamy, aged 24 years who is now detained in Central Prison, Palayamkottai before this Court and set him at liberty.
For Petitioner : Mr.G.Sethu Surendhar For Respondents : Mr.S.Ravi Additional Public Prosecutor.
ORDER
We are not inclined to entertain the petition to dispense with
the production of the impugned detention order and grounds of detention in M.H.S.Confdl. No. 182 of 2024 dated 15.10.2024 issued by the second resopndent.
2. Let the original detention order be produced, particularly
because, the petitioner is not the wife of the detenue and as a matter of fact she had given a compaint against the detenue complaining that the detenue had threatened that he would kill her.
2/4
dismissed and HCP(MD) SR.No.36510 of 2024 stands rejected at the SR
stage itself.
(C.V.K., J.) (R.P, J.) 29.10.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No aav
To
3/4
C.V.KARTHIKEYAN, J. and R.POORNIMA, J.
aav
Crl.M.P.(MD) No.11678 of 2024 in H.C.P(MD)SR.No. 36510 of 2024
29.10.2024
4/4
1 issue framed by the court
Whether the production of the certified copy of the impugned detention order and grounds of detention should be dispensed with in a habeas corpus petition.
1 provisions across 1 enactments
A. Jeyanthi
The Additional Chief Secretary to Government Home, Prohibition and Excise (XIV) Department Secretariat, Chennai - 9
The District Collector cum District Magistrate, Tirunelveli District
The Superintendent of Prison Central Prison, Palayamkottai
C.V. Karthikeyan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
