T.UDHAYAKALA Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who is a Sri Lankan Refugee and mother of three minor children, has come up with this Habeas Corpus Petition, to direct the respondents to produce her husband, by name, Thayapararaj, S/o.Kathirvelu, before this Court, alleging that he is illegally detained by the police.

(2.) It is the case of the petitioner that the family members were detained by the police on allegation of travelling without passport. The detenu -Thayapararaj was convicted by the learned Judicial Magistrate, Rameswaram. The convict has undergone the imprisonment and was released on 08 October, 2015. It is the contention of the petitioner that thereafter, he was illegally detained by the respondents at Trichy. He has been kept under solitary confinement at Trichy Special Camp. The petitioner was given allotment of a house by the authorities at Rameswaram. Since the detention of her husband is per se illegal, the petitioner has come up with this Habeas Corpus Petition.

(3.) The Superintendent of Police, Q Branch CID, Chennai, filed a counter -affidavit, wherein it was contended that the petitioner and her husband were convicted by the learned Judicial Magistrate, Rameswaram, in C.C.No.256 of 2014 and sentenced to undergo rigorous imprisonment for one year. Subsequently, they were released. The detenu was, thereafter, re -lodged in Cheyyar Special Camp, Thiruvannamalai. The petitioner and her children were lodged in Quarantine Camp at Mandapam, Rameswaram. Subsequently, Thiruvannamalai Camp was closed and the detenu was transferred to Trichy Special Camp along with other inmates. According to the Superintendent of Police, the detenu had actively participated during the civil war in Sri Lanka and crossed the borders without valid travel documents. He is presently confined at the Special Camp, Trichy, pursuant to the order passed by the Government of Tamil Nadu, in G.O.No.SR.III/61 -2/2016, Public (SC) Department, dated 01 March, 2016.