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2013 Supreme(Mad) 2193

V.DHANAPALAN, C.T.SELVAM
P. Pushpavathy – Appellant
Versus
Ministry of External Affairs, represented by its Secretary, Government of India – Respondent


Advocates Appeared:
For the Petitioner:R. Sankarasubbu for S. Shyam Kumar, Advocates.
For the Respondents: R1 & R2, G. Masilamani, Addl. Solicitor General of India, assisted by A.S. Vijayaraghavan, Sr. Central Govt. Standing Counsel, R3 & R4, S. Shanmugavelayutham, Public Prosecutor, assisted by A.N. Thambidurai, Addl. Public Prosecutor.

Judgment :-

V. Dhanapalan, J.

1. This Habeas Corpus Petition has been filed to call for the records of the first respondent in T-413/18/2011 dated 08.03.2011, quash the same and consequently direct the respondents to produce the body of the person, namely, Fr.Joseph Palanivel Jeyapaul, who is the brother of the petitioner, now lodged in Tihar Prison, New Delhi, before this Court and set him at liberty.

2. The case of the petitioner is as under :

2.1. Her brother Joseph Palanivel Jeyapaul, in short, "Jeyapaul", was incardinated to the Catholic Diocese of Ootacamund and he was ordained as a Priest on 19.05.1982. The said Jeyapaul served as Assistant Parish Priest in St.John De Britto, Church, Sathy, Erode District from 1982 to 1983. Thereafter, he became a parish priest in the year 1985 and continued to serve the faithful in various capacities in various churches and institutions. Jeyapaul had previously visited countries like U.S.A., Malta, France, Germany, U.K., Italy and Canada to serve as a religious missionary.

2.2. Jeyapaul received an invitation from a Missionary called "Crookston Diocese" at Minnesota, U.S.A., to serve at Blessed Sacrament Catholic Church in Greenbush, Rose












































































































































































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