M. Vengaiyan v. The High Commissioner Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2016 Coram:
THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN H.C.P.No.3007 of 2015 M.Vengaiyan .. Petitioner vs.
1.The High Commissioner of India Level 28, Manaral Mon't Kiara Jalankiara Mont Kiara 50480 Kulalumpur Malaysia, Wilayah Persekutuan kulalumpur Malaysia.
2.The Consulate General of Malaysia No.7, (Old No.3) Cenotaph Road 1st Street Teynampet Chennai-600 018.
3.The Director General of Police P.B.No.601, Dr.Radhakrishnan Salai Mylapore Chennai-600 004.
4.The Superintendent of Police O/o.The Superintendent of Police Thiruvallur.
.. Respondents Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's wife, by name, Roffina Raja, W/o.M.Vengaiyan, aged about 25 years, before this Court, and to set her at liberty.
For petitioner :Mr.Gilbert C.Pereira For respondents :Mr.V.M.R.Rajentran, Additional Public Prosecutor
O R D E R
(Order of the Court was made by S.NAGAMUTHU,J) The petitioner is the husband of one Roffina Raja, aged 25 years. She is an Indian Citizen and a passport holder. It is alleged that after getting proper visa from Malaysian Government Authority, she left for Malaysia on 12.01.2015, along with her mother. Now, the allegation is that, the detenue has been illegally detained by somebody in Malaysia. With these allegations, the petitioner has come up with this Habeas Corpus Petition.
2. We have heard, Mr.Gilbert C.Pereira, the learned counsel for the petitioner and Mr.V.M.R.Rajentran, the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
3. A perusal of the complaint made by the petitioner to the authorities, more particularly, to the police contains the following statement of the petitioner :- "Today at 8.35 A.M. I spoke with my wife Mrs.Roffina through the ph# 00-60-1116395200. She said that she is living with Mr.Saranraj and she openly admitted that she has illegal contact with above said Mr.Saranraj and some more persons also the above said person Mr.Saranraj scolded me with filthy language".
This would go to show that the detenue has gone on her own accord with her mother to Malaysia and she is staying there.
4. Since, we are satisfied that there is no illegal detention, we are not in a position to issue any direction as prayed for in the petition. We are of the opinion that the petition deserves only to be dismissed. Accordingly, this Habeas Corpus Petition is dismissed.
-s/dAssistant Registrar(CSIV) True Copy Sub-Assistant Registrar
To 1.The High Commissioner of India Level 28, Manaral Mon't Kiara Jalankiara Mont Kiara 50480 Kulalumpur Malaysia Wilayah Persekutuan Julalumpur Malaysia.
2.The Consulate General of Malaysia No.7, (Old No.3) Cenotaph Road 1st Street Teynampet Chennai-600 018.
3.The Director General of Police P.B.No.601, Dr.Radhakrishnan Salai Mylapore Chennai-600 004.
4.The Superintendent of Police O/o.The Superintendent of Police Thiruvallur.
5. The Additional Public Prosecutor, High Court, Madras.
+ 1 cc to M/s.J.Madanagopal Rao Advocate sr.11656 H.C.P.No.3007 of 2015 ak(co) aa08/03/2016