IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, A.D. JAGADISH CHANDIRA, JJ.
D. Shanthi – Appellant
Versus
The State Rep. by its the Commissioner of Police, Chennai – Respondent
H.C.P. No. 728 of 2022
Decided On : 06-09-2022
WRIT OF HABEAS CORPUS PETITION - Detention of Adopted Son - The court considered a petition for a writ of habeas corpus to produce an adopted son who was allegedly illegally detained. The court also addressed the detention of the 4th respondent under Section 2(f) of the Tamil Nadu Act 14 of 1982 and the involvement of advocates in criminal cases. The court directed the engagement of a lawyer for one of the respondents and requested the Bar Council to furnish all papers to the assisting advocates.
Fact of the Case:
The petitioner sought a writ of habeas corpus to produce the adopted son who was allegedly illegally detained. The 4th respondent was detained under Section 2(f) of the Tamil Nadu Act 14 of 1982, and the involvement of advocates in criminal cases was also brought to the court's attention.
Finding of the Court:
The court directed the engagement of a lawyer for one of the respondents and requested the Bar Council to furnish all papers to the assisting advocates. The court declined the plea for impleadment by a counsel but allowed him to render assistance.
Issues: Detention of adopted son, detention of the 4th respondent under Section 2(f) of the Tamil Nadu Act 14 of 1982, involvement of advocates in criminal cases, engagement of a lawyer for a respondent, and impleadment of a counsel.
Ratio Decidendi: The court's decision was influenced by the need to address the detention of the adopted son and the 4th respondent, as well as the involvement of advocates in criminal cases. The court also considered the request for engagement of a lawyer for a respondent and the plea for impleadment by a counsel.
Final Decision: The court directed the engagement of a lawyer for one of the respondents and requested the Bar Council to furnish all papers to the assisting advocates. The plea for impleadment by a counsel was declined.
JUDGMENT :
Prayer: To issue a WRIT OF HABEAS CORPUS PETITION to direct the 2nd respondent to produce my adopted son namely A.P. DHEERAJ MAAL, 17 AGE S/O LATE PANDURANGAN who is illegally detained in the hands of the respondents 3 and 4, before this Hon'ble Court and hand over the petitioner and set him at Liberty.
1. When the matter is taken up for hearing, it is represented by the learned Additional Public Prosecutor that the 4th Respondent in this case, namely, Babu @ Babu Sanjeevi has been detained under Section 2(f) of the Tamil Nadu Act 14 of 1982 by branding him as a Goonda. It is further represented that a case in Crime No. 54 of 2022 on the file of the Thakkolam Police Station has been registered against C. Sri Muruga, Advocate and the case has been transferred to District Crime Branch, Ranipet.
2. Mr. T. Mohan, Advocate, who has been requested to assist this Court, has stated that he has not received papers and that he is prepared to put forth his arguments in the next date of hearing.
3. At this juncture, Mr. Rubert Barnaboss, a counsel has voluntarily come forward to disclose certain facts to this Court. According to him, though two Advocates are said to have involved in criminal cases, whose names have been incorporated in the earlier orders of this Court, there are more than seven persons, holding significant posts in the Bar Council, who have criminal background and has also furnished a list of names of those Advocates, which read as under:
1. Mr. V. Karthikeyan
2. Mr. G. Mohana Krishnan
3. Mr. N. Marappan
4. Mr. B. Ashok
5. Mr. M. Rajendhra Kumar
6. Mr. K.R.R. Aiyyappamani
7. Mr. R. Ayyavoo
He has stated that he is also trying to gather particulars of other Members, including Co-opted Members in this regard. Even though he sought permission of this Court to implead him as a party to the case, we are of the view that if such a request is adhered to, several other similar requests of this nature will be made by other members and in that case, there will be no finality to the issue and therefore, while permitting Mr. Rubert Barnaboss, Advocate to render his assistance to this Court, his plea for impleadment is declined.
4. Ramya/3rd respondent, who is present before us has sent a letter directly to one of us by Registered Post bearing No. RT343175529IN dated 02.09.2022 and the factum of sending such a letter duly signed by Ramya has been affirmed by her, in which she has narrated the details of misdeeds committed by Babu @ Babu Sanjeevi, She has stated that no Advocate is willing to appear for her and therefore, she has requested that this Court may appoint a Lawyer to argue on her behalf. In view of the submission made by Ramya, the Legal Services Authority attached to this Court is directed to engage an experienced Lawyer well versed in the criminal side from the Panel to appear for Ramya.
5. Mr. C.K. Chandrasekar, learned Counsel for Bar Council shall furnish all papers, including pleadings in the petition to Mr. T. Mohan and Mr. Rubert Barnaboss.
6. List this matter on 28.09.2022. Registry is directed to print the names of Mr. T. Mohan and Mr. Rubert Barnaboss, Advocates in the cause list.
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.