Madras High CourtHCP(MD)/1044/2017closed

Mubeena v. The Secretary

2017-12-21Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P(MD)No.1044 of 2017 Mubeena

...Petitioner

-vs- State Represented by,

1. The Secretary, Ministry of Overseas Indian Affairs, 10th Floor, Akbar Bhavan,'

Chanakyapuri, New Delhi -110 021.

2. The Secretary, Ministry of External Affairs, Patiala House Annex, Tilag Marg, New Delhi.

3. The High Commissioner, Indian Embassy (KSA), New Delhi.

4. The Secretary, Government of Tamil Nadu, Home Department, Fort St. Georage, Chennai.

5. The District Collector, Kanyakumari District, Nagercoil.

6. The Superintendent of Police, Kanyakumari District, Nagercoil.

...Respondents

Prayer: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing the 1st and 6th respondents to produce the person or body of my husband Peer Mohamed Riyas aged about 32 years, before this Court and set him at liberty.

For Petitioner : Mr.A.Prasanna Rajadurai For R-1 to R-3 : Mr.Murugappan For CGSC For R-4 to R-6 : Mr.C.Ramesh Additional Public Prosecutor.

O R D E R

(Order of the Court was made by R.SUBBIAH, J) The petitioner is the wife of the detenu, namely, Peer Mohammed Riyas, aged 32 years. It is alleged that the detenu went to Kingdom of Saudi Arabia on 29.01.2015 for employment and he was working as a Salesman in a Petrol retail outlet at Al-Harj, KSA, Riyadh. While so, the detenu contacted the petitioner through phone on 30.05.2017. Thereafter, when the petitioner tried to contact him, she was not able to contact him and therefore, preferred a representation to the respondents on 03.07.2017. Since, no effective steps were taken to trace out the detenu, the petitioner is before this Court with this petition.

2. Today, when the matter was taken up for consideration, the detenu was produced by the respondent police. On enquiry, he stated that he returned from the United Kingdom of Saudi Arabia and thereafter, went to Srilanka. Since his over stay at Srilanka, he was arrested and thereafter, one of his relative, who is in Srilanka, helped him by producing his passport and subsequently, the detenu was released. Thereafter, on 16.12.2017, the detenu came to India. However, today, he expressed his willingness to go along with the petitioner.

3. From the statement made by the detenu, since he is not in the illegal custody of anyone, nothing survives for adjudication in this petition. Accordingly, this petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To: