Case Note & Summary
The petitioner, K.V. Santosh, son of the detenu G. Lakshmi, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court challenging the preventive detention order passed by the Commissioner of Police, Greater Chennai (second respondent) on 01.07.2024 in Memo No.744/BCDFGISSSV/2024. The detenu, a 48-year-old woman, was confined in the Special Prison for Women, Puzhal, Chennai. The ground case involved a criminal case for alleged job racketing, where the detenu's husband (Accused No.1) had been murdered by some victims. The detenu was alleged to have assisted her husband in the commission of the offence. The court heard the learned counsel for the petitioner, Mr. B. Mohan, and the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, for the respondents. The court noted that the detenu had already been under preventive detention for about seven months. Considering the longevity of actual imprisonment under preventive detention law and that the case could be dealt with by police authorities under ordinary law by following procedures, the court was inclined to allow the petition. Accordingly, the impugned detention order was quashed, and the detenu was directed to be set at liberty forthwith unless required in connection with any other case.
Headnote
A) Preventive Detention - Habeas Corpus - Quashing of Detention Order - Longevity of Detention - The court considered that the detenu had been under preventive detention for about seven months and the case could be dealt with under ordinary law by police authorities. Held that the detention order is quashed and the detenu is to be set at liberty forthwith unless required in any other case (Paras 3-5).
Issue of Consideration
Whether the preventive detention order against the detenu should be quashed considering the longevity of imprisonment and the availability of ordinary criminal law procedures.
Final Decision
The impugned order of detention passed by the second respondent in Memo No.744/BCDFGISSSV/2024 dated 01.07.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenu, Tmt. Lakshmi, W/o. Venkatesan, aged about 48 years, now confined in Special Prison for Women, Puzhal, Chennai, is directed to be set at liberty forthwith unless she is otherwise required in connection with any other case.
Law Points
- Preventive detention
- Habeas corpus
- Quashing of detention order
- Ordinary law alternative
- Longevity of detention
