Navaneetham vs The Sub Inspector of Police and Others

P. Sathasivam, J.—The petitioner, viz., Navaneetham claiming to be the daughter of the detenu by name Gopal, has filed this petition for direction to the respondents for production of her father, since according to her, he is in illegal custody of respondents 3 to 5.

Pursuant to the direction, respondents 1 and 2 brought the detenu before us. According to the counsel for the petitioner, the detenu is aged about 80 and therefore, we appointed Mr. V. Parthiban, Member of the bar, to enquire and ascertain the wish of the detenu.

Pursuant to our direction, in the presence of the counsel for the petitioner and others as well as the learned Government Advocate, the Commissioner has put the following questions to the detenu and recorded the answers, which forms part and parcel of the record, are as hereunder:

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The Commissioner has also intimated this Court that because of the age, the detenu is not in a position to answer to the pertinent question that with whom he wants to live. It is brought to our notice that as on date, the detenu is living with his another son by name Ravi, who is residing at No. 874, Pethenia, Ekkadu Village, Thiruvallur District.

While hearing the above matter, the detenu was also brought before us in a wheel chair. We noted that he is unable to understand what is happening outside.

Considering all the above factual position as well as his old age and of the fact that as on date he is living with one of his son viz., Ravi, we are of the view that the same cannot be considered as illegal detention. In such circumstances, we are unable to accept the stand taken by the petitioner. It is made clear that the detenu is free to decide and live with anyone of his family members.

With the above observation, the Habeas Corpus petition is dismissed.