The Allahabad High Court disposed of a habeas corpus petition challenging detention orders under the National Security Act. Finding that the maximum detention period had expired, the court dismissed the petition as infructuous without considering merits.
Dismissal of the habeas corpus writ petition as infructuous.
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Neutral Citation No. - 2023:AHC:150739-DB
Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 682 of 2020
Petitioner :- Sajid Ahmad Ansari Respondent :- Government Of India And 3 Others Counsel for Petitioner :- Shamsul Islam Siddiqui,Kamal Krishna Roy,Maha Prasad,Mohd. Naushad Ahmad Khan,Mohd. Saeed Siddiqui,Rajvendra Singh Counsel for Respondent :- A.S.G.I.,Annapurna Singh,G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Case called out in the revised call. Sri Mohd. Saeed Siddiqui, learned counsel for the petitioner send his illness slip. However, Smt. Annapurna Singh Chandel, learned counsel for the Union of India is present.
By means of the present habeas corpus petition, the petitioner Sajid Ahmad Ansari 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 as well as order dated 31.08.2020 passed by respondent no. 2 under Section 12(1) of the National Security Act.
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, it is open for the petitioner to move recall application.
Order Date :- 27.7.2023 Israr/ MT
Digitally signed by :- MOHD TARIK ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the habeas corpus petition challenging detention orders should be admitted despite time lapse.
2 provisions across 1 enactments
Sajid Ahmad Ansari
Government Of India
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
