AFFIYA Vs. STATE

JUDGEMENT

(1.) This Habeas Corpus Petition is filed seeking for production of the detenu, by name, Babu @ Shahul Hameed, S/O Kaja Moideen and to set him at liberty.

(2.) It is the case of the petitioner that her husband, by name, Babu @ Shahul Hameed, has been taken into custody by the second respondent/ Deputy Superintendent of Police, Counterfeit Currency Wing, Egmore, Chennai, on 03.6.2014 at 22.30 hours, in connection with a criminal case booked against him. It is her specific case that the said criminal case in Criminal Case No.49 of 2014 is still pending on the file of the Special Court for Unlawful Activities Act,1967-cum-V Additional Sessions Judge, Chennai. It is also her case that no progress in the case is made, that so far, only one witness, namely, P.W.1 has been examined and that since nearly 40 witnesses have been cited, there is no possibility of the trial getting completed in quick time. Therefore, the prolonged custody of the detenu should be considered and treated as illegal and breach of the fundamental right guaranteed to the detenu under Article 21 of The Constitution.

(3.) It is more specifically urged that the detenu was not produced before the Special Court on 09.5.2017 and hence, the custody of the detenu beyond 09.5.2017 is illegal, unjust and violative of Article 21 of The Constitution. It is the case of the writ petitioner that she drew an appropriate representation on 15.5.2017 and submitted the same to the State Government, but there is no response thereto.