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2006 Supreme(Mad) 2564

P.D.DINAKARAN, M.THANIKACHALAM
R. Chandra Prakash Gajurel – Appellant
Versus
The Union of India, Ministry of Home Affairs & Others – Respondent


Appearing Advocates:For the Petitioner:A. Raghul, R. Sankarasubbu, Advocates. For the Respondents: R1, P. Wilson, Assistant Solicitor General, R2, N.R. Elango, APP.

Judgment :-

(W.P. Filed under Article 226 of the Constitution of India for the issue of a writ of Mandamus as stated therein.

H.C.P. Filed under Article 226 of the Constitution of India for the issue of a writ of Habeas Corpus as stated therein.)

P.D. Dinakaran, J.

W.P.No.27620 of 2003 is preferred for the issue a writ of Mandamus forbearing the respondents from in any manner deporting the writ petitioner, R.Chandra Prakash Gajurel, without following the procedure prescribed under the Extradition Act, 1962 and until the case registered against the petitioner in Crime No.145 of 2003 on the file of third respondent therein is tried before the Judicial Magistrate-cum-District Munsif, Alandur.

2. H.C.P.No.932 of 2006 is filed to issue a writ of Habeas Corpus directing the respondents to produce the detenu, Chandra Prakash Gajurel, son of Nageswar Gajurel before the Court and set him at liberty.

3. Since the writ petitioner in W.P.No.27620 of 2003 and the detenu in H.C.P.No.932 of 2006 are one and the same, viz., Mr.R.Chandra Prakash Gajurel and the contentions in the writ petition and the habeas corpus petition are with regard to the right of the writ petitioner/detenu conferred under Artic


































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