Rakhi v. State Rep.by
Case brief
What is this about?
A grandmother sought habeas corpus for her grandson detained as a 'Goonda' under the Tamil Nadu Act 14 of 1982. The Court found an inordinate, unexplained delay between arrest and detention order snapped the live link, quashed the detention order and ordered release.
What did the court decide?
Detention order No.03/BCDFGISSSV/2024 set aside; detenu Abdul Kabeer @ Thalla Kabeer directed to be set at liberty forthwith unless required in another case.
What the court decided
HCP.No.345 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.345 of 2024
Rakhi
... Petitioner/grandmother of the detenu
Vs.
State rep. by
1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Commissioner of Police, Avadi, Commissionarate.
3.The Superintendent of Police, Central Prison-II, Puzhal, Chennai.
Issues for consideration
1 issue framed by the court
Whether the inordinate unexplained delay between the detenu's arrest on 03.12.2023 and the detention order dated 04.01.2024 snapped the live link and rendered the detention invalid.
Parties & counsel
- petitioner
Rakhi
- respondent
The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai-600 009
- respondent
The Commissioner of Police, Avadi, Commissionarate
- respondent
The Superintendent of Police, Central Prison-II, Puzhal, Chennai
- respondent
The Inspector of Police (L&O), M-4, Redhills Police Station, Chennai
Case details
As recorded by the court registry
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