This court dismissed a habeas corpus petition assailing a detention order under the National Security Act, 1980 as infructuous.
The writ petition was dismissed as infructuous.
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.
Neutral Citation No. - 2023:AHC:134735-DB
Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 4424 of 2017
Petitioner :- Ashwani Kumar @ Bablu Tiwari Respondent :- Union Of India Thru Secy. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Tripathi Counsel for Respondent :- G.A.,A.S.G.I.,Arvind Singh
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Case called out in the revised call. None has appeared to press the petition on behalf of the petitioner. However, Mr. Arvind Singh, learned counsel for the Union of India is present.
By means of the present habeas corpus petition, the petitioner Ashwani Kumar @ Bablu Tiwari is assailing the impugned detention order dated 10.6.2016 passed by respondent no. 3 under Section 3(2) of the National Security Act, 1980.
From perusal of the record it reveals that the maximum period of detention is 12 months and the impugned order is of June, 2016. It seems to have become infructuous on account of efflux of time.
The writ petition is dismissed as infructuous.
Order Date :- 7.7.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition challenging a detention order under Section 3(2) of the National Security Act, 1980 can be maintained when the maximum period of detention has expired.
1 provisions across 1 enactments
Ashwani Kumar @ Bablu Tiwari
Union Of India
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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