CINNAPILLAI Vs. DISTRICT COLLECTOR NORTH ARCOT AMBEDKAR DISTRICT

JUDGEMENT

(1.) THIS petition by the mother of one Nirubhan is for issue of a writ of habeas corpus, directing the respondents to produce the body of said Nirubhan, detained in the Special Camp, Vellore and set him at liberty.

(2.) ORIGINALLY, when this petition was presented on 12.11.1992, there were only four respondents, viz., (1) The District Collector, North Arcot Ambedkar District, (2) The District Collector, Trichy District, (3) The Tahsildar, Government Special Camp, Vellore, and (4) The Tahsildar, Government Special Camp, Thuraiyur. But, subsequently, the petitioner filed H.C.M.P.No. 75 of 1993 on 29.3.1993 and got the 5th respondent Government of Tamil Nadu, represented by its Secretary, impleaded on the ground that the petitioner came to know only subsequently that the 5th respondent has passed an order dated 24.2.1992. under Sec.3(2) of the Foreigners Act, 1946 (Central Act 31 of 1946). Just prior to the filing of H.C.M.P.No.75 of 1993 the petitioner also filed H.C.M.P.No.48 of 1993 on 25.2.1993, praying that this Court may treat this H.C.P. as one filed challenging the abovesaid order passed under Sec.3(2)of the Foreigners Act in reference No.SR.III/4191-7/91, and for releasing the said Nirubhan detained in the abovesaid Special Camp and set him at liberty. In the supporting affidavit filed in support of the said H.C.M.P., inter alia, it is stated that only after the 1st respondent filed counter in the habeas corpus petition, the petitioner came to know that the said Nirubhan was detained by the abovesaid order under Sec. 3(2) of the Foreigners Act. (The said counter is dated 6.2.1993).

(3.) IN the above background, it may not be quite necessary to set out all the averments in the original affidavit dated 11.11.1992 filed in the main habeas corpus petition since it proceeded only on the footing that though a case was registered in Crl.No.199 of 1991 under F.I.R.No.21 of 1991 against the said Nirubhan, on a charge under Sec.126, I.P.C. Sec.12(1) of the Passport Act, Sec.6(c) of INdian Wireless and Telegraphs Act and Sec.25 (1)(b)(a) of the Arms Act and was arrested on 6.1.1992, bail order dated 29.6.1992 was obtained in Crl.O.P.No.5511 of 1992 on the file of this Court for his release, but he was not actually released. Thus, on the plea that the said Nirubhan was not released despite the abovesaid bail order dated 29.6.1992 the original main habeas corpus petition was filed. IN the abovesaid counter dated 6.2.1993 filed by the 1st respondent, it was specifically averred, inter alia, thus: