Goonda detenue's habeas corpus petition. The court found an unexplained delay of five days in considering his revocation representation, held his continued detention illegal, allowed the petition and directed his release unless otherwise warranted by law.
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.
H.C.P.(MD)No.968 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.968 of 2024
Venkatesan
... Petitioner / Detenue
Vs.
Chennai-600 009.
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
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H.C.P.(MD)No.968 of 2024
records in detention order passed in Cr.M.P.No.17 of 2024 dated 16.07.2024 on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner namely Venkatesan S/o.Natarajan, male, aged 36 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.
O R D E R
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
16.07.2024. The representation dated 29.07.2024 was submitted seeking
revocation of the detention order.
dealt with the file on 20.08.2024. We notice that there is an unexplained delay of 5 days in considering the representation.
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H.C.P.(MD)No.968 of 2024
4.In this view of the matter, we hold that the detenue's continued
(G.R.S. J.,) & (R.P. J.,) 28.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
Note:Issue Order Copy on 29.01.2025.
To:-
Chennai-600 009.
H.C.P.(MD)No.968 of 2024
G.R.SWAMINATHAN, J. and R.POORNIMA, J.
rmi
H.C.P.(MD)No.968 of 2024
28.01.2025
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1 issue framed by the court
Was the five-day unexplained delay in considering the detenue's representation against detention fatal to the legality of his continued Goonda detention?
1 provisions across 1 enactments
Venkatesan
State of Tamil Nadu, rep. by The Principal Secretary to Government, Home, Prohibition and Excise Department
The District Collector and District Magistrate, Perambalur District
The Superintendent, Central Prison, Tiruchirappalli
G.R.Swaminathan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
