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Mrs. Banu. Vs. the Superintendent,

Mrs. Banu. vs The Superintendent,

Type Court Judgment Court Chennai Decided Aug 09, 2010
~1 min read
https://sooperkanoon.com/case/904804

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
HCP. No.1493 of 2010
Subject
Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Puzhal, Chennai 66. ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to direct the respondent to produce the petitioner's husband Mr. Saravanan @ Thiruttu Saravanan son of Nagarajan lodged in Central Prison, Puzhal, Chennai, confined in solitary conf...

Key legal issue
Constitution
Acts & sections
Constitution Of India - Article 226

Parties & Advocates

Appellant / Petitioner

Mrs. Banu.

Advocate Mr. Jeevagiridharan, Adv.

Respondent

The Superintendent,

Advocate Mr. Babu Muthumeeran, Adv.

Legal References

Acts
Constitution Of India - Article 226

Excerpt

puzhal, chennai 66. ... respondents petition under article 226 of the constitution of india, seeking to issue a writ of habeas corpus, to direct the respondent to produce the petitioner's husband mr. saravanan @ thiruttu saravanan son of nagarajan lodged in central prison, puzhal, chennai, confined in solitary confinement before this court thereby directing the respondent not to confine him in solitary confinement otherwise than under due process of law. 1. the grievance ventilated by the petitioner is that her husband is involved in criminal case and he is kept in solitary confinement, which would be infringement of his fundamental rights enshrined under the constitution of india. under such circumstances, it is a fit case to issue a writ of habeas corpus.2. in answer to the above, it was contended by the learned counsel appearing for the state that the detenu saravanan @ thiruttu saravanan was confined in security block-i where 42 prisoners were confined. along with him, the other prisoners were in cell. numbers were also given. the averments made by the petitioner that the detenu is solitarily confined is not correct.3. in view of the statement made by the learned counsel appearing for the state, the averments made in the affidavit filed in support of the habeas corpus petition as if the detenu is in solitary confinement cannot be accepted. the habeas corpus petition stands disposed of accordingly.

Full Judgment

1. The grievance ventilated by the petitioner is that her husband is involved in criminal case and he is kept in solitary confinement, which would be infringement of his fundamental rights enshrined under the Constitution of India. Under such circumstances, it is a fit case to issue a writ of habeas corpus.

2. In answer to the above, it was contended by the learned counsel appearing for the State that the detenu Saravanan @ Thiruttu Saravanan was confined in Security Block-I where 42 prisoners were confined. Along with him, the other prisoners were in Cell. Numbers were also given. The averments made by the petitioner that the detenu is solitarily confined is not correct.

3. In view of the statement made by the learned counsel appearing for the State, the averments made in the affidavit filed in support of the habeas corpus petition as if the detenu is in solitary confinement cannot be accepted. The habeas corpus petition stands disposed of accordingly.

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