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2023 Supreme(SC) 889

PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Devu G. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
Mr. Sriram Parakkat, Advocate, Mr. M.S. Vishnu Sankar, Advocate, Ms. Athira G Nair, Advocate, Mr. Aditya Santhosh, Advocate, Mr. Arislal Sainu, Advocate, Mr. Joseph D Tharrayil, Advocate, for the Appellant.

ORDER

1. In a petition under Article 226 of the Constitution seeking a writ of habeas corpus, the High Court passed an order on 13 January 2023 requiring the Secretary of the District Legal Services Authority ['DLSA'], Kollam to visit the residence of the fourth and fifth respondents and to record the statement of the detenu, who is the daughter of the said respondents and to ascertain as to whether she is under their illegal detention. The High Court directed that if the statement indicates that she is under illegal detention, then she shall be produced before the High Court on 19 January 2023. On the other hand, the High Court observed that if the statement of the detenu indicated that she is not under illegal detention, there would be no need to produce her before the High Court.

    2. By a further order of 2 February 2023, the High Court directed that the detenu shall have to attend a counselling session in an authorized counselling centre over the next four or five days and the proceedings have been listed on 16 February 2023.

    3. Counsel appearing on behalf of the petitioner submits that the petitioner and the detenu are in a same sex relationship and the order of the High Court dir

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