IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15/02/2006
Coram:
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
Habeas Corpus Petition No.105 of 2006
Navaneetham ... Petitioner
Vs.
1.The Sub Inspector of Police,
B-2 Taluk Police Station,
Thiruvallore.
2.The Sub Inspector of Police,
All Women Police Station,
Thiruvallore.
3.Subramani
4.Ashok Kumaar
5.Santhi ... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a Writ of Habeas Corpus to direct respondents 1 and 2 to produce
her father Gopal from the illegal custody of respondents 3 to 5 and set him at
liberty and produce him before the Court.
!For Petitioner : Mr.R.Karunagaran
For Respondents : Mr.Abudhukumar Rajarathinam
Govt. Advocate (Crl. Side)
Mr.V.Parthiban, Advocate Commissioner
:ORDER
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner, viz.,Navaneetham claiming to be the daughter of the
detenu by name Gopal, has filed this petition for direction to the respondents
for production of her father, since according to her, he is in illegal custody
of respondents 3 to 5.
2. Pursuant to the direction, respondents 1 and 2 brought the detenu
before us. According to the counsel for the petitioner, the detenu is aged
about 80 and therefore, we appointed Mr.V.Parthiban, Member of the bar, to
enquire and ascertain the wish of the detenu.
3. Pursuant to our direction, in the presence of the counsel for the
petitioner and others as well as the learned Government Advocate, the
Commissioner has put the following questions to the detenu and recorded the
answers, which forms part and parcel of the record, are as hereunder:
/// VERNACULAR PORTION DELETED///
4. The Commissioner has also intimated this Court that because of
LJthe age, the detenu is not in a position to answer to the pertinent question
that with whom he wants to live. It is brought to our notice that as on date,
the detenu is living with his another son by name Ravi, who is residing at
No.874, Pethenia, Ekkadu Village, Thiruvallur District.
5. While hearing the above matter, the detenu was also brought before
us in a wheel chair. We noted that he is unable to understand what is
happening outside.
6. Considering all the above factual position as well as his old
age and of the fact that as on date he is living with one of his son viz.,
Ravi, we are of the view that the same cannot be considered as illegal
detention. In such circumstances, we are unable to accept the stand taken by
the petitioner. It is made clear that the detenu is free to decide and live
with anyone of his family members.
7. With the above observation, the Habeas Corpus petition is
dismissed.
Index:Yes
Internet:Yes
raa
To
1.The Sub Inspector of Police, B-2 Taluk Police Station,
Thiruvallore.
2.The Sub Inspector of Police, All Women Police Station,
Thiruvallore.
3.The Public Prosecutor, High Court, Madras.