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2023 Supreme(Mad) 1699

M. SUNDAR, M. NIRMAL KUMAR
Sumaya – Appellant
Versus
Secretary to Government of India, Ministry of Home Affairs, Department of Internal Security, New Delhi – Respondent


Advocates appeared:
For the Petitioner:A. Rajamohamed, Advocate. For the Respondents:R1, Rajesh Vivekananthan, Deputy Solicitor General of India [Madras High Court], R2 to R5, R. Muniyapparaj, Additional Public Prosecutor assisted by M. Sylvester John, Advocate.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records connected with the detention order in C.No.2/NSA/S.C/2022 dated 15.10.2022 on the file of the 3rd respondent and quash the same and direct the respondents to produce the body and person of the petitioner''s husband, namely, Thiru.Kadhar Hussain, son of Kaja Maideen, aged abut 33 years now confined at Central Prison, Salem before this Court and set him at liberty forthwith.)

M. Nirmal Kumar, J.

Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and brevity] has been filed by wife of detenu assailing ''detention order dated 15.10.2022 bearing reference No.C.No.2/NSA/S.C/2022'' [hereinafter ''impugned detention order'' for the sake of convenience]. To be noted, the fifth respondent is the sponsoring authority and the third respondent is the detaining authority as impugned detention order has been made by the third respondent.

2. Impugned detention order has been made under ''The National Security Act, 1980 (Central Act 65 of 1980)'' [hereinafter ''NSA Act'' for the sake of convenience and clarity]

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