WILFRED PRAKASH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WILFRED Prakash, the petitioner herein, who claims to be a Christian, a paractising advocate, has tapped the doors of this Court through Habeas Corpus Petition, posing himself as a practitioner of the philosophy propounded by the great pontiff Sankara who established the renowned mutt at Kanchi in 9th century and as an ardent disciple of His Holiness Sankaracharya Shri Jayendra Swamy, seeking for a direction to the respondents herein for the production of the said Swamigal before this Court and to set him at liberty from the illegal judicial custody caused to be effected by the respondent-police since 11. 11. 2004.

(2.) ACCORDING to the petitioner, the incarceration of Shri Jayendra Swamy since 11. 11. 2004 is violative to the fundamental rights guaranteed to every citizen of this country and in his capacity as the 'next friend' (in law)to the Swamigal, he has locus to file the petition seeking for a Writ of Habeas Corpus for production and release of the Swamy.

(3.) IT is stated that the arrest was effected near Hyderabad by the respondent-police on 11. 11. 2004 and he was taken and produced before the Judicial Magistrate No. 1,kancheepuram, who in turn passed the order of judicial custody.