Allowed

Babin Stella v. The Secretary to Government

Madras HC6 Dec 2024HCP(MD)/770/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed a habeas corpus petition challenging the continued detention of a juvenile. The court held that an unexplained four-day delay by the authorities in considering a representation for revocation made the detention illegal, ordering the detenu's release.

What did the court decide?

Petition allowed; detention held illegal; detenu directed to be set at liberty forthwith.

Babin Stella Vs The Secretary to Government — Bail and Remand | Madras HC (2024)

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H.C.P.(MD)No.770 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.12.2024

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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.770 of 2024

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Babin Stella ... Petitioner / Mother of the Detenu

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Vs.

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1.The Secretary to Government, Home (Prohibition and Excise) Department, Secretariat,

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Chennai-600009.

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2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil.

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3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli 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, to call for the entire records, connected with the detention order of the respondent No.2, P.D.No.28/2024 dated 05.06.2024 and quash the same and direct the respondents to produce the detenu by name Sahaya Sajin @ Sanoj, son of

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

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H.C.P.(MD)No.770 of 2024

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Ponraj aged about 21 years now detained in Palayamkottai Central Prison before this Court and set him at liberty forthwith.

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For Petitioner : Mr.R.Vinoth Bharathi For Respondents : Mr.T.Senthil Kumar 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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The petitioner's son was detained as “Goonda” vide order dated

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05.06.2024 by the second respondent. Representation dated 24.06.2024

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was submitted seeking revocation of the detention order.

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The Deputy Secretary dealt with the file on 28.06.2024. The Deputy Secretary dealt with the file on 05.07.2024. We notice that there is an unexplained delay of four days in considering the representation. The delay of four days in considering the representation is fatal to the continuance of the detention.

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

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H.C.P.(MD)No.770 of 2024

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4.In this view of the matter, we hold that the detenue's continued

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detention is illegal. He shall be set at liberty forthwith unless his detention is otherwise warranted by law.

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5.This habeas corpus petition is allowed accordingly.

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(G.R.S. J.,) & (R.P. J.,) 06.12.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi

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Note:Issue Order Copy on 09.12.2024.

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To:-

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1.The Secretary to Government, Home (Prohibition and Excise) Department, Secretariat,

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Chennai-600009.

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2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil.

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3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

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

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H.C.P.(MD)No.770 of 2024

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

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rmi

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

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H.C.P.(MD)No.770 of 2024

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06.12.2024

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

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Babin Stella v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

Babin Stella v. The Secretary to Government

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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