Nilofar v. The Additional Chief Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN AND The Hon`ble Ms.Justice R. POORNIMA HCP(MD). No.846 of 2024 Nilofar ... Petitioner/Wife of Detenu Vs 1 The Additional Chief Secretary, to the Government, Home Prohibition and Excise Department, Fort St George Secretariat, Chennai 600 009 2 The District Collector and District Magistrate, Thiruvaur District Thiruvaur 3 The Inspector of Police Nannilam All Women Police Station Tiurvarur District.

4 The Superintendent of Prison Central Prison, Trichy District ... Respondents Prayer :- This Hebeas Corpus Petition is filed under article 226 of the Constitution of India, to the detention order in C.O.C.No.04/2024 dt 27.03.2024 and quash the same and consequently direct the 2nd respondent to produce the person of the 1/3

detenu namely Haja Najubudeen, S/o.Mohammed Arif aged 43 years now detained as Sexual Offender at Central Prison, Trichy and set him at liberty forthwith.

ORDER:- This Hebeas Corpus Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.R.L.Dhilipan Pandian, Advocate for the Petitioner and of Thiru.S.Ravi, Additional Public Prosecutor for the respondent, this Court made the following order:

We are constrained to allow this petition, wherein, the detenu was branded as a Sexual Offender. But this HCP was allowed since there has been delay between the date on which the Under Secretary had dealt with the file and the date on which the Deputy Secretary had dealt with the file. The Under Secretary had dealt with the file on 04.07.2024 and the Deputy Secretary had dealt with the file on 12.07.2024. In between, there were two holidays, namely 06.07.2024 and 07.07.2024. Still there has been a delay of 5 days.

2.Let an affidavit be filed by the Under Secretary and also by the Deputy Secretary independently before this Court explaining the delay. 3.For filing such affidavits, list the matter under the caption 'For compliance' on 23.10.2024.

Sd/- Assistant Registrar ( ) // True Copy // /10/2024 Sub Assistant Registrar (CS-1/II/III/IV) 2/3

To 1.The Under Secretary, Home, Prohibition and Excise Department, Fort St George, Secretariat, Chennai 600 009.

2.The Deputy Secretary, Home, Prohibition and Excise Department, Fort St George, Secretariat, Chennai 600 009.

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

ORDER DATED : 04/10/2024 ==========================

ORDER

========================== HCP(MD). No.846 of 2024 BV(10/10/2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3