M.A. vs Superintendent of Police, Vellore

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 2279

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan, G.R.Swaminathan
M.A. – Appellant
Versus
Superintendent of Police, Vellore – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: M/s.M.A.Mumtaj Surya
For the Respondent: Mr.E.Raj Thilak Addl. Public Prosecutor

Table of Content
1. petitioner's claim for freedom of the detenue. (Para 1 , 2)
2. guidelines for habeas corpus petitions. (Para 3 , 4)
3. acknowledgment of societal biases and progress in lgbtq+ rights. (Para 5 , 6)
4. recognition of diverse family structures under human rights. (Para 7 , 8)
5. assertion of individual choice regarding sexual orientation. (Para 9 , 10)
6. censure of police inaction and need for sensitivity towards lgbtq+ rights. (Para 11)
7. granting of habeas corpus petition and ensuring liberty. (Para 12)

ORDER :

G.R.SWAMINATHAN, J.

The writ petitioner has filed this petition to cause production of Ms.D, the daughter of the fourth respondent herein. According to her, the fourth respondent, who is the father of the detenue, is detaining her against her will. The petitioner wants this Court to set the detenue at liberty.

2.The detenue was produced before us by the third respondent. The detenue was accompanied by her mother. We had a detailed interaction with both of them. The detenue's mother broke down and requested us to allow her to take her daughter back home. According to her, the writ petitioner had led her daughter astray. She even alleged that her daughter is drug-add