High CourtsDivision Bench(2010) 08 MAD CK 0153

Mrs. Banu vs The Superintendent, Central Prison-II

Madras High Court · Decided on 9 August 2010

HON’BLE JUDGES
M. Sathyanarayanan, J · M. Chockalingam, J
CASE NUMBER
H.C.P. No. 1493 of 2010

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Judgment

8 paragraphs · 163 words

M. Chockalingam, J.—The grievance ventilated by the petitioner is that her husband is involved in criminal case and he is kept in solitary

confinement, which would be infringement of his fundamental rights enshrined under the Constitution of India. Under such circumstances, it is a fit

case to issue a writ of habeas corpus.

2.

In answer to the above, it was contended by the learned Counsel appearing for the State that the detenu Saravanan @ Thiruttu Saravanan was

confined in Security Block-I where 42 prisoners were confined. Along with him, the other prisoners were in Cell. Numbers were also given. The

averments made by the petitioner that the detenu is solitarily confined is not correct.

3.

In view of the statement made by the learned Counsel appearing for the State, the averments made in the affidavit filed in support of the habeas

corpus petition as if the detenu is in solitary confinement cannot be accepted. The habeas corpus petition stands disposed of accordingly.