Allowed

Saravanan v. The State of Tamil Nadu

Madras HC17 Dec 2024HCP(MD)/1319/2024

Case brief

AI extract

What is this about?

In a Habeas Corpus petition under Article 226, the Madras High Court held the petitioner's detention illegal because the detaining authority failed to fully furnish the confession relied upon for the order, violating constitutional requirements. The court ordered the detenu's immediate release.

What did the court decide?

Petition allowed; detenu held to be set at liberty forthwith unless detention is otherwise warranted by law.

Saravanan Vs The State of Tamil Nadu — Constitutional and Fundamental Rights | Madras HC (2024)

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H.C.P.(MD)No.1319 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1319 of 2024

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Saravanan

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... Petitioner / Detenu

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Vs.

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1.State of Tamilnadu Rep. by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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2.The District Collector and District Magistrate, Tiruneveli District, Tirunelveli.

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3.The Superintendent of Prison, Central Prison, Madurai, Madurai District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in M.H.S.Confdl. No.112/2024 dated 23.6.2024 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Saravanan, aged 22 years,

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1319 of 2024

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S/o.Muralikrishnan, now detained at the Central Prison, Madurai, before this Court and set him at liberty forthwith.

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For Petitioner : Mr.N.Pragalathan

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For Respondents : Mr..T.Senthilkumar, Additional Public Prosecutor.

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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2.The petitioner was detained as “Gonnda” vide order dated 23.06.2024 passed by the second respondent. While supplying the booklet, the confession attributed to the petitioner was furnished in a truncated form. The petitioner wrote to the detaining authority seeking the full text of his confession so that he can make an effective representation. This request was made vide letter dated 15.10.2024. But this request was not complied with. It is well settled that the materials relied upon for passing the detention order will have to be furnished fully to the detenu. In this case, this statutory and constitutional requirement was not complied with.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1319 of 2024

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3 .In this view of the matter, we hold that the detenu's continued

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detention is illegal. He shall be set at liberty forthwith unless his

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detention is otherwise warranted by law.

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4.This habeas corpus petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 19.12.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 20.12.2024.

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To:-

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1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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2.The District Collector and District Magistrate, Tiruneveli District, Tirunelveli.

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3.The Superintendent of Prison, Central Prison, Madurai, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1319 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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ias

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H.C.P.(MD)No.1319 of 2024

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19.12.2024

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https://www.mhc.tn.gov.in/judis

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Saravanan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Saravanan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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