J.ABDUL RAHIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the friend of the detenue, namely, Bakrudeen @ Police Bakrudeen, S/o Sikandar, aged 36 years, seeking a direction to the respondents to produce him before this Court and set him at liberty. According to the petitioner, the detenue was in illegal custody of the respondents.

(2.) A news item published in Chennai Edition of "Times of India" on Saturday, 5th October, 2013 stating that the sleuths of Special Investigation Team of CBCID nabbed one S.Fakrudeen, @ Police Fakrudeen on the previous day, i.e. Friday, 4th October, 2013, who is listed as 'wanted' in some high profile criminal cases. Immediately, on the same day, i.e. 5.10.2013, the petitioner herein, who claims himself to be a friend of the said Fakrudeen, knocked the doors at the residence of His Lordship the Hon'ble The Chief Justice of this High Court and prayed for issuance of the above said direction by way of Writ of Habeas Corpus, alleging that the police had illegally detained his friend S.Fakrudeen based on the above said news item. The Hon'ble Chief Justice, constituted a special Bench on 05.10.2013 comprising Thiru Justice R.Sudhakar and Thiru Justice A.Arumughaswamy to hear the grievance of the petitioner. On 5.10.2013, the special Bench of this Court heard the learned counsel for the petitioner and the learned Advocate General, appearing for the State and passed the following order:

(3.) Thereafter, when the matter came up for hearing before this Bench (Portfolio Bench), the Superintendent of Police, SIT, CBCID filed a counter, stating that 'Fakrudeen @ Police Fakrudeen was arrested in connection with a case registered on the file of Vellore North Police Station in Crime No.599/2013 under Section 302 IPC r/w Section 5 of the Explosive Substances Act, 1908, which was later transferred pursuant to the orders of the Director General of Police, Tamil Nadu, Chennai to the file of CBCID (Special Investigation Team) vide proceedings in RC.No.126136/Crime4(1)/2013, dated 21.07.2013.