SASIKALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of Suresh Kumar, who has been allegedly detained under Section 3 (2) (a) of the Foreigners Act.

(2.) THIS is the second habeas corpus petition filed by this petitioner in respect of her husband Suresh Kumar. The petitioner was married to the alleged detenu in 1999. According to the petitioner, her husband has a valid passport and visa. The visa period is valid upto 30. 3. 2008. Her husband holds a Sri Lankan Passport vide Passport No. M2079087. He was taken into custody under the Passport Act in Crime No. 1849 of 2007 and remanded to judicial custody. He was set free on bail from the Central Prison, Chennai. On 5. 2. 2008, an order was passed under Section 3 (2) (e) of the Foreigners Act and the petitioner's husband is now kept in Special Camp, Chengalpet.

(3.) ACCORDING to the petitioner, the order of detention under Section 3 (2) (e) of the Foreigners Act is unjust, illegal and contrary to the safe guard under Article 21 of the Constitution of India. The petitioner gave a representation on 7. 2. 2008 to the first respondent, without any success. The petitioner's husband moved Crl. O. P. No. 6512 of 2008 for quashing the criminal proceedings in Crime No. 1849 of 2007. This was allowed. On 30. 4. 2008, earlier habeas corpus petition was ordered by this Court (referred to hereafter as "earlier HCP" ). Some paragraphs of the said order are relevant, which read thus: