The Madras High Court on Friday (20thNovember) appointed an Advocate Commissioner to enquire into the allegations of a person that his friend (the Detenu), is under the illegal custody of his own wife (Detenu’s wife).
The Bench of Justice M. M. Sundresh and Justice D. Krishnakumar was hearing a habeas corpus plea filed by the friend of the alleged Detenu, inter alia, alleging that the Detenu is in the illegal custody of the third respondent, who is none other than his wife.
![Full order THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.131 of 2021 Machakalai … Petitioner. #### . Every detention order passed by the Detaining Authority has to be approved by the Government as per Section 12 of the Tamil Nadu Act 14 of 1982. The Government is approving the order of detention based on the materials placed before it. Therefore, the basic materials for any detention order would be available with the Government. If at all any clarification is required from the authorities concerned on the representation submitted by the detenu, then it could be collected in no time through e-mail or fax from such authorities. Even then, there is an inordinate delay in considering the representation of the detenus and in fact, in some of the cases, this delay is artificially created to favour the detenu. With the advancement in technology and in today’s scientific world, several modes of communication are available, such as e-mail, fax, WhatsApp., etc, which can be best used. A dedicated web-portal has to be established so that every movement of the representation can be monitored and the delay in considering the representation can be avoided. We hope and trust that the authorities concerned would take necessary action in this regard. 31. With the above observations, this habeas corpus petition is disposed of. The impugned detention order passed by the second respondent dated 15.12.2020, is hereby quashed. The detenu, namely, Raguvaran @ Anbu, aged about 32 years, S/o.Machakalai, who is now confined at Central Prison, Madurai, is directed to be set at liberty, unless his detention is required in connection with any other case / proceedings. 32. Since this Court has made certain observations for the authorities to take note of, Registry is directed to mark a copy of this order to the following officials for taking necessary action at their end: i) the Chief Secretary to the Government, State of Tamil Nadu, Chennai; ii) the Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Chennai; iii) the Director General of Police (L & O), Chennai; and iv) the Director of Prosecution, Chennai. [M.K.K.S.,J.] [B.P.,J.] 05.07.2021](https://sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)