Santhosam v. Chief Immigration Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.698 of 2020 Santhosam, W/o.Pachamuthu ...
Petitioner / Wife of the detenu versus 1.The Chief Immigration Officer, Bureau of Immigration, Sastri Bhavan, Nungambakkam, Chennai - 600 006.
2.The Home Secretary, Union of India, New Delhi.
3.The Joint Secretary to Government, Union of India, New Delhi.
4.The Consulate General of India, Jeddah - Saudi Arabia, Saudi Arabia.
5.The Principal Secretary, Ministry of External Affairs Branch, Secretariat, Fort St.George, Chennai - 600 009.
6.The Superintendent of Police, Cuddalore District, Cuddalore.
...
Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the
respondents herein to produce the body of the detenu by name Pachamuthu, before this Court from the illegal custody of the 4th and 5th respondents and set him at liberty.
For Petitioner : Mr.K.Thenrajan For Respondent Nos.1 to 3 : Mr.Rabu Manohar, Central Government Panel Counsel For Respondent Nos.5 to 6 : Mr.R.Muniyapparaj Government Advocate [Crl. Side]
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her husband viz. Pachamuthu went to the Middle East sometime in February 2019 and that, his whereabouts were not known. It is her apprehension that her husband is being kept as a bonded labour in the Middle East and therefore, she has filed the present Habeas Corpus Petition.
2.
On instructions, Mr.R.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that, the Police were able to establish contact with the petitioner's husband, who is presently working in Saudi Arabia and that, he would return when his visa period gets over. He further submitted that seemingly, the petitioner also has spoken to her husband with the help of the Police.
3. In view of the above, it cannot be stated that the petitioner's husband viz. Pachamuthu is in the illegal custody of any person for the issuance of a writ of Habeas Corpus. Hence, this Petition is closed.
Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar sri To 1.The Chief Immigration Officer, Bureau of Immigration, Sastri Bhavan, Nungambakkam, Chennai - 600 006.
2.The Home Secretary, Union of India, New Delhi.
3.The Joint Secretary to Government, Union of India, New Delhi.
4.The Consulate General of India, Jeddah - Saudi Arabia, Saudi Arabia.
5.The Principal Secretary, Ministry of External Affairs Branch, Secretariat, Fort St.George, Chennai - 600 009.
6.The Superintendent of Police, Cuddalore District, Cuddalore.
7.The Public Prosecutor, High Court, Madras.
+1cc to Mr. Rabu Manohar, Advocate, S.R.No.29455 H.C.P.No.698 of 2020 SSD(CO) GN(16/07/2021)