In this habeas corpus petition, the court held that the writ became infructuous due to the efflux of time from the detention order date and dismissed the appeal against the non-appearance of counsel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 30588 of 2021
Petitioner :- Manoj Kumar Tripathi @ Monu Thru.Father Kunwar Sahab Tiwari Respondent :- U.O.I.Thru.Secy.Min.Of Home New Delhi And Ors.
Counsel for Petitioner :- Pradeep Kumar Mishra,Parmanand Gupta,Rahul Shukla Counsel for Respondent :- G.A.,A.S.G.,Akhilesh Kumar Awasthi
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
None appears on behalf of the petitioner to press this Habeas Corpus Writ Petition. Shri Umesh Chandra Verma, learned AGA for State-respondent nos.1 to 3 and Shri Akhilesh Kumar Awasthi, learned counsel for respondent no.4 are present.
The instant Habeas Corpus Writ Petition has been filed on behalf of the petitioner with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned detention order dated the impugned detention order dated 18.06.2021, passed by the opposite party no.3 i.e. Joint Secretary. Government of India, Ministry of Finance, Department of Revenue, (PITNDPS UNIT), New Delhi and the impugned consequential order dated 17.09.2021, passed by the opposite party no.2 i.e. Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue, (PITNDPS UNIT). New Delhi, contained as Annexure No. 1 and 2 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Habeas Corpus, thereby commanding and directing the opposite parties to produce the petitioner (Detenue) before this Hon'ble Court and thereafter release/set-free the petitioner/detenue at his liberty."
It transpires from the detention order dated 18.06.2021 that by efflux of time the instant habeas corpus writ petition has become infructuous.
Accordingly, the petition is dismissed as infructuous .
However, it will be open for the parties to move appropriate application within two months from today, if the matter survives.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 9.12.2022 Arnima
Digitally signed by ARNIMA SINGH Date: 2022.12.09 17:24:09 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Manoj Kumar Tripathi
Union of India
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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