Santhira Leela v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.09.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1732 of 2013 Santhira Leela ... Petitioner -v1.The State of Tamil Nadu rep. by its Secretary to Government, Public (SC) Department, Fort St. George, Chennai-600 009.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Union of India, rep. by its Secretary, Department of Home, New Delhi - 1.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the records in G.O. No.SR.III/1594-19/2011, dated 28.05.2013 on the file of first respondent herein and to quash the same as illegal and to direct the respondents to produce the detenu Nehru @ Eela Nehru @ V.M.P.Nehru, son of Padmanabhan @ Padmanathan, aged 44 years, now confined at Special Camp, Tiruchirapalli and before this Court and to set him at liberty.

For Petitioner :

Mr.R.Sankarasubbu For Respondents:

Mr.Shanmugavelayutham, Public Prosecutor for R1 and R2 Mr.Soundararajan, SPC for R3

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) This petition has been filed by the petitioner/wife of the detenu Nehru @ Eela Nehru @ V.M.P.Nehru, son of Padmanabhan @ Padmanathan, aged 44 years, now confined at Special Camp, Tiruchirapalli, to cause production of his husband before this Court and to set him at liberty.

2.Learned Public Prosecutor produced a copy of the G.O. Ms.No.642 Public (Foreigners II) Department, dated 03.07.2013 and there is no objection from the respondents in passing orders as per the said G.O.

3.Having considered the facts and circumstances of the case, we are of the view that this petition has to be ordered in terms of the conditions stipulated in the said G.O. Accordingly, this petition is ordered in the above terms. The conditions stipulated in the G.O. shall form part of the order.

*Here under enter the G.O.(MS) NO.642 dated 03.07.2013 -s/dAssistant Registrar True Copy Sub-Assistant Registrar vga To 1.The Secretary to the State of Tamil Nadu Public (SC) Department, Fort St. George, Chennai-600 009.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Secretary, The Union of India, Department of Home, New Delhi - 1.

4.The Superintendent, Central Prison, Special Camp, Tiruchirappalli 5.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1 cc to Public Prosecutor, High Court, Madras sr.48694 H.C.P. No.1732 of 2013 aa28/09/2015