Madras High CourtHCP(MD)/277/2018allowed

Anisha Barveen, v. The Secretary To Government,

2018-04-13Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.277 of 2018 Anisha Barveeen ... Petitioner Vs.

1) The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

2) The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thanjavur District, Thanjavur.

2) The Superintendent of Prison, Tiruchirapalli Central Prison, Tiruchirapalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the entire records, connected with the detention order of the Respondent No.2 in P.D.No.05 of 2018 dated 06.02.2018 and quash the same and direct the respondents to produce the body or person of the detenu by name Haji alias Haji Sheik, son of Jamal Mohaideen, aged 36 years, now detained at Trichy, Central prison before this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.V.Neelakandan, Addl., Public Prosecutor

O R D E R

(Order of the Court was made by C.T.SELVAM,J.,) The petitioner, w/o of the detenu submits that the detenu has been arrested in the ground case dated 03.11.2017. However, the detention order was passed on 06.02.2018. Therefore, there is an inordinate delay in passing the detention order and a live link between the commission of ground case and passing of the order of detention is snapped.

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2. In view of the above, the Habeas Corpus Petition shall stand dismissed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1) The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

2) The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Thanjavur District, Thanjavur.

3) The Superintendent of Prison, Tiruchirapalli Central Prison, Tiruchirapalli District.

4) The Joint Secretary to Government, Public(Law & Order) Chennai.

5) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Sts/nbj VB/JC/SAR4/07/05/2018/2P/6C Order in H.C.P.(MD)No.277 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/