V.S.Krishnan v. Jasey Menaha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Cont.Petition(MD)No.1537 of 2023 in H.C.P.(MD).No.760 of 2022 V.S.Krishnan ... Petitioner Vs.

Jasey Menaha The Inspector of Police Anjugramam Police Station Kanniyakumari District

...Respondent

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor/2nd respondent in the main Habeas Corpus petition for his wilful disobedience and wilful violation of the order passed by this Court in HCP(MD).No.760 of 2022 dated 25.05.2022 and punish him for the contempt committed by them. For Petitioner : Mr.C.R.Nirmal 1/4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The contempt petition has been instituted to punish the second respondent for his wilful disobedience of the order passed by this Court in H.C.P(MD).No.760 of 2022 dated 25.05.2022. This Court has passed the following order: "4.Since the petitioner being a close relative has not been permitted to meet the alleged detenue, we hereby direct the respondent police to give adequate police protection for the petitioner, if he wants to visit and make a call to the alleged detenue-S.S.Velappan. However, the said police protection cannot be used by the petitioner to pick up any quarrel with the respondents 3 and 4."

2.The learned counsel appearing on behalf of the petitioner mainly contended that the respondents are restricting the writ petitioner from speaking with the alleged detenue S.S.Velappan.

3.We are unable to accept the said submission, in view of the fact that the said Velappan is not an detenue as of now. More so, if any person is prevented from moving or talking to his relatives, an aggrieved person has to approach the jurisdictional police for initiation of action in the manner known to law. Contrarily, the High Court cannot issue any further direction with reference to the 2/4

request made by the writ petitioner. Accordingly, this Contempt Petition stands closed. No costs.

(S.M.S., J.) & (R.V., J.) 16.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No msa To Jasey Menaha The Inspector of Police Anjugramam Police Station Kanniyakumari District 3/4

S.M.SUBRAMANIAM, J.

AND R.VIJAYAKUMAR, J.

msa Cont.Petition(MD)No.1537 of 2023 in H.C.P.(MD).No.760 of 2022 16.10.2023 4/4