Banu @ Rammeeja Banu v. The Secretary to Government

O R D E R [Order of the Court was made by M.SUNDAR, J.] When the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] was taken up, this Court was informed that co-accused in the ground case was also clamped with a preventive detention order akin to the impugned preventive detention order. It was further submitted thta the preventive detention order clamped on the co-accused was assailed in this Court vide HCP(MD)No.889 of 2023 and the same was allowed by this Court in and by order dated 30.10.2023 and a scanned reproduction of the said order is as follows: Page No.2 of 9 Page No.3 of 9 Page No.4 of 9 Page No.5 of 9 Page No.6 of 9

¶2There is no disputation or contestation that the point on which aforementioned HCP was allowed is available to the detenue in the case on hand also. Therefore, captioned HCP will also stand allowed on the same point with the same observation more particularly, the observation vide paragraph 13 of the earlier order in Abinaya's case.

¶3Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 17.05.2023 bearing reference in C.No. 45/Detention/C.P.O/T.C/2023 made by the second respondent is set aside and the detenue Tmt. Banu @ Rammeeja Banu, aged about 50 years, wife of Thiru.Muthu, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) Index : Yes / No

20.11.2023 : Yes / No bala P.S: Registry to forthwith communicate this order to Jail authorities in Special Prison for Women, Tiruchirappalli. All concerned to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. Page No.7 of 9 To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Chennai – 9.

¶2The Commissioner of Police, Trichy City, Trichy.

¶3The Superintendent, Special Prison for Women, Trichy.

¶4The Inspector of Police, All Women Police Station, Cantonment, Trichy City.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶6The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Chennai. Page No.8 of 9 HCP(MD)No.1281oofo2023 M.SUNDAR,oJ. and R.SAKTHIVEL,oJ. balaoo ORDERoMADEoIN HCP(MD)No.1281oofo2023 DATEDo:o20.11.2023 PageoNo.9oofo9

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 CORAM : THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Banu @ Rammeeja Banu ... Petitioner vs. 1. The Secretary to Government, Home, Prohibition and Excise Department, Chennai – 9. 2. The Commissioner of Police, Trichy City, Trichy. 3. The Superintendent, Special Prison for Women, Trichy. 4. The Inspector of Police, All Women Police Station, Cantonment, Trichy City. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, by calling for the entire records pertaining to the order of detention passed by the 2nd respondent vide his proceedings C.No.45/Detention/C.P.O/T.C/2023 dated 17.05.2023 and quash the same and consequently set the detenue Banu @ Rammeeja Banu, W/o. Muthu, female, aged 50 years, presently confined at Special Prison for Women, Trichy at liberty. For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor Page No.1 of 9