S.Nizarudeen v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.05.2019 Coram:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR and THE HON'BLE MS.JUSTICE P.T. ASHA H.C.P.No.628 of 2019 S. Nizarudeen ... Petitioner Vs.
1.The State rep.by The Superintendent of Police, Coimbatore District.
2.The Deputy Superintendent of Police Coimbatore District 3.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
4. Tajudden
5. The Superintendent of Prisons Central Prison, Salem
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 3rd Respondent/Police to produce the body of my sister Ansar Nisha D/o AK.Sahabudheen aged about 21 years under illegal custody of 4th Respondent before this Court and set her at liberty forthwith.
For Petitioner : Mr.B. Harikrishnan For Respondents : Mr.M. Vijayaraghavan for Mr.G.Ponnambala Thiyagarajan [for R4] Mrs.P.Kritika Kamal Government Advocate (Crl.Side) [for R1 to R3 and R5]
O R D E R
(Order of the Court was made by N. SATHISH KUMAR, J)
1. In Pursuant to the order of this Court in this matter dated 29.04.2019, the detenue viz., Ansar Nisha was lodged in the Madras Christian Council Social Service, Perambur, as per the direction of this Court. The above matter originally posted on 30.06.2019 for production of the detenue. On 29.05.2019, at the request of the learned Counsel appearing for the Petitioner on mentioning that the detenue is willing to go with the parents she may be produced before this Court, the matter has been posted today for the production of the detenue. As per the direction of this Court the detenue viz., Ansar Nisha was produced before this Court at 12 noon, today.
2. When the detenue was produced, the learned Government Adovate (Crl.Side) brought to the notice of this Court, the order passed by the Honourable Supreme Court dated 29.05.2019 in Crl.A.No.915 of 2019 arising out of S.L.P.(Crl.) No.5086 of 2019 filed by the detenue herself, challenging the order of this Court lodging her in the home. The Honourable Apex Court has set aside the Order of this Court and set the detenue at liberty since she is a major (22 years). The Apex Court taking into consideration of the averments made in the affidavit has observed that the detenue has intention to stay with her in-laws in their house and not with her parents. Since the detenue has already set at liberty by the Honourable Apex Court, no further order is required to be passed by this Court.
3. When the Court queried the detenue to go to her husband's relatives house as per the Order of the Honourable Supreme Court, the detenue Ansar Nisha informed us that she never married the so called Tajudeen, the 4th Respondent and she has asserted that she has only signed in the affidavit prepared by the Advocate engaged by Tajudeen, 4th Respondent, in the Home and she did not know the contents of the affidavit and further she has expressed her mind before us in the presence of both side counsels, Government Advocate (Crl.Side) and two sisters of 4th Respondent, that she is willing to go to her parents house. When this Court queried about the averments made in the affidavit before the Honourable Supreme Court in categorical terms she has stated that she has not aware of any such averments. She has only signed in the affidavit before the counsel engaged by 4th Respondent and firm her intention to go with her parents. Her statement has been recorded.
4. Since the detenue has already set at liberty by the Honourable Supreme Court and she is aged about 22 years, we are not proposed to go in detail about the affidavit filed by her before the Honourable Supreme Court. Since the detenue Ansar
Nisha is a major, she is resolute to take decision on her own with whom she will stay. Accordingly, the Habeas Corpus Petition is closed.
5. During the interaction we found that the detenue is apprehensive about the relatives of the 4th Respondent, who is presently undergoing life sentence. In view of the same, the Superintendent of Police, Coimbatore is directed to give necessary police protection in the event of any threat to the life of the detenue.
6.The learned Government Advocate (Crl.Side) also made a statement before us that even the detenue was produced from the Home today, some unknown persons were followed and many of them were said to be the relatives of the 4th Respondent. In view of the same, we are directed the SubInspector of Police, Mettupalayam, shall escort her along with their family members.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Coimbatore District.
2.The Deputy Superintendent of Police Coimbatore District 3.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
4. The Superintendent of Prisons Central Prison, Salem
5. The Officer in charge, Madras Christian Council Social Service, No.21, 6th Main Raod, Jawahar Nagar, Perambur, Chennai.
6. The Public Prosecutor, Madras High Court, Chennai.
+1 CC to Mr.B.Harikrishnan, Advocate sr 44412. +1 CC to Mr.G.Ponnambala Thiyagarajan, Advocate sr 44404. H.C.P.No.628 of 2019 SP(30/05/2019)