LAWS(MAD)-2011-12-305

KAMARUNISHA Vs. ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA

Decided On December 09, 2011
Kamarunisha Appellant
V/S
ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) This Habeas Corpus petition has been filed to call for the records relating to the detention order passed by the third respondent, dated 14.09.2011, in P.D.No. 24/2011/C1, and quash the same, and to produce the detenu, namely, A. Sheik Mujubur Rahman @ Siddiq, son of Abdul Lathif, aged about 41 years, confined in the Central Prison, Tiruchirapalli, before this Court and to set him at liberty.

(2.) It has been stated that the petitioner is the wife of the detenu, A. Sheik Mujubur Rahman @ Siddiq. She had stated that the third respondent had passed the impugned order, dated 14.09.2011, in exercise of the powers conferred under section 3(2)(a), read with 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act,1980, (Act 7 of 1980), directing the detention of A. Sheik Mujubur Rahman @ Siddiq, the husband of the petitioner, in the Central Prison, Tiruchirapalli, terming him as a 'Black Marketeer'.

(3.) The petitioner has stated that the detention order passed by the third respondent is a clear abuse of power, as it has been passed in violation of the provisions of the Constitution of India. It has been further stated that the sponsoring authority had not placed all the necessary materials before the Detaining Authority for the passing of the detention order. Similarly, the detaining authority had not analysed all the relevant records placed before him, while passing the detention order, dated 14.09.2011.