S.Viswanathan v. The Secretary

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 19.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.1659 of 2019 S.Viswanathan S/o.Subramanian ...

Petitioner versus 1.The Secretary.

Department of Home (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Additional Direct General of Prisons, Wanels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Cuddalore.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Habeas Corpus, directing the respondents to release the detenu, Subramanian, S/o.Natesan, aged about 53 years, on premature release in considering G.O.(MS)No.64/Home Prison(IV) Department/2018, dated 01.02.2018 on the file of the first respondent herein, now confined at Central Prison, Cuddalore and set him at liberty.

For Petitioner :

Mr.U.Gokulakrishnan For Respondents:

Mr.C.Emiliyas Additional Advocate General Assisted by Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of this Court was made by R.SUBBIAH,J.] This Habeas Corpus Petition has been filed for a direction to produce the detenu, namely, Subramanian, S/o.Natesan, aged about 53 years, on premature release in considering G.O.(MS)No.64/Home Prison(IV) Department/2018, https://hcservices.ecourts.gov.in/hcservices/

dated 01.02.2018 on the file of the first respondent, now confined at Central Prison, Cuddalore and set him at liberty.

2. Today, when the petition is taken up for consideration, the learned Additional Advocate General appearing for the respondents submitted that, the request of the petitioner for premature release of his father, namely, Subramanian, was rejected by the Government in G.O.(D). No.1113, dated 23.09.2019 and he has also produced a copy of the said order.

3. In view of the above, this Habeas Corpus Petition is closed. However, the petitioner is at liberty to challenge the order, in the manner known to law.

Sd/- Assistant Registrar (JJ Act) //True Copy// Sub Assistant Registrar sri To 1.The Secretary.

Department of Home (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Additional Direct General of Prisons, Wanels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.1659 of 2019 SSV(CO) GN(20/02/2020) https://hcservices.ecourts.gov.in/hcservices/