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Madras High CourtHCP(MD)/781/2016closed

Kalavathi v. Union Of India Represented By

2016-07-12Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.781 of 2016 and C.M.P(MD).No.5592 of 2016 Kalavathi .. Petitioner Vs.

1.Union of India, rep by The Principal Secretary, Ministry of External Affairs, Union of India, E Block, Central Secretariat, New Delhi.

2.The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jaisalmer House, Mansingh Road, New Delhi 110 011.

3.The State of Tamil Nadu, Rep by the Principal Secretary, Home Department, State of Tamil Nadu, Fort.St.George, Chennai.

4.The District Collector, Madurai District.

5.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

6.The Inspector of Police, Jaihinthpuram Police Station, Madurai City.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, by name, Megala, wife of Sivakumar, aged 30 years, before this Court and set her at liberty.

For petitioner : Mr.B.Dhanasekaran For Respondents 1 & 2 : Mr.G.R.Swaminathan Assistant Solicitor General of India Assistant By Mr.D.Saravanan For respondents 3 to 6 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The detenu appeared before us. According to the detenu, she was taken by one Abdulla, who is a resident of Mayiladurai to Dubai, under the guise of providing her employment. She was, thereafter, taken to Oman and kept in a house. She was not given food or water and made to suffer for days together. The detenu further informed that there are several other women, who are similarly situated at Oman.

2. Mr.C.Mayil Vahana Rajendran, learned Additional Public Prosecutor appearing on behalf of the respondents 3 to 6, submitted that the police would register a case, after taking a complaint from the petitioner and investigation would be conducted in accordance with law.

3. Mr.G.R.Swaminathan, learned Assistant Solicitor General of India, agreed to take up the matter with the authorities of Oman to bring back the similarly situated persons to India.

4. Since the decenu is now secured, no further adjudication is necessary in this Habeas Corpus Petition.

5. The Habeas Corpus Petition is closed with the above observation. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

1.The Principal Secretary, Ministry of External Affairs, Union of India, E Block, Central Secretariat, New Delhi.

2.The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jaisalmer House, Mansingh Road, New Delhi 110 011.

3.The Principal Secretary, Home Department, Fort.St.George, Chennai.

4.The District Collector, Madurai District.

5.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

6.The Inspector of Police, Jaihinthpuram Police Station, Madurai City.

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

+1cc to M/s.D.Saravanan, Advocate in SR.No.36044 +1cc to M/s.R.Alagumani, Advocate in SR.No.36629 SDR/PEK/28.07.2016/3P/10C ORDER MADE IN H.C.P(MD)No.781 of 2016 12.07.2016