The High Court dismissed the habeas corpus petition as infructuous because the detention period had expired. Alternatively, the court allowed the petitioner to apply for a recall of the order if any legal issues persisted.
Writ petition dismissed as infructuous; petitioner left liberty to apply for recall.
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Neutral Citation No. - 2023:AHC:150739-DB
Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 659 of 2020
Petitioner :- Akhtar Ali Respondent :- Government Of India And 3 Others Counsel for Petitioner :- Kamal Krishna Roy,Maha Prasad,Mohd. Naushad Ahmad Khan,Mohd. Saeed Siddiqui,Rajvendra Singh,Shamsul Islam Siddiqui
Counsel for Respondent :- A.S.G.I.,G.A.,Ved Mani Sharma,Ved Mani Tiwari
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Case called out. Sri Mohd. Saeed Siddiqui, learned counsel for the petitioner send his illness slip. However, learned A.G.A. for the State is present.
By means of the present habeas corpus petition, the petitioner Akhtar Ali is assailing the impugned detention order dated 03.06.2020 passed by the District Magistrate, Aligarh 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, 2020. It seems that by efflux of time, the present habeas corpus writ petition may be dismissed.
Accordingly, the writ petition is dismissed as infructuous.
However, if anything still survives for my legal consideration, it is open for the petitioner to move recall application.
Order Date :- 27.7.2023 Israr/ MT
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether a habeas corpus petition challenging a detention order under the National Security Act, 1980 is maintainable after the maximum detention period has expired.
1 provisions across 1 enactments
Akhtar Ali
Government Of India
3 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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