Allowed

Sangeetha Velayudhan v. the Union of India

Kerala HC11 Dec 2020WP(Crl.)/123/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an IA to withdraw a writ petition challenging detention, as the detention period expired on the day of hearing. The main petition was dismissed with liberty to the detenu to challenge the detention order later if necessary.

What did the court decide?

IA No.3 allowed to withdraw writ petition; Writ Petition dismissed with liberty to challenge detention order later.

Sangeetha Velayudhan Vs the Union of… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942

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WP(Crl.).No.123 OF 2020

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PETITIONER:

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SANGEETHA VELAYUDHAN

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W/O.RADHAKRISHNAN.B., T.C.6/1610, 'MANGALYA', PLOT NO.44, P.T.P.NAGAR, PTP P.O., THIRUVANANTHAPURAM,PIN-695038.

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BY ADVS.

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SRI.M.AJAY SRI.V.P.PRASAD

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RESPONDENTS:

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1 THE UNION OF INDIA, (REPRESENTED BY ITS SPECIAL SECRETARY AND DIRECTOR GENERAL), CENTRAL ECONOMIC INTELLIGENCE BUREAU, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, 5TH FLOOR, B WING, JANPATH BHAVAN, JANPATH, NEW DELHI, PIN-110001.

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2 THE JOINT SECRETARY (COFEPOSA), GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 5TH FLOOR, B WING, JANPATH BHAVAN, JANPATH, NEW DELHI, PIN-110001.

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W.P.(Crl).123/2020

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3 THE DIRECTORATE OF REVENUE INTELLIGENCE, (REPRESENTED HEREIN BY ITS PRINCIPAL ADDITIONAL DIRECTOR GENERAL), ZONAL UNIT, 32/641A VYLOPPILLI ROAD, ST. THOMAS LANE, PALLINADA, PALARIVATTOM, KOCHI, PIN-682025.

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4 THE COFEPOSA ADVISORY BOARD, HIGH COURT OF KERALA, (REPRESENTED BY ITS SECRETARY, (COFEPOSA), REGISTRAR (JUDICIAL), HIGH COURT BUILDINGS, ERNAKULAM, PIN-682018

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5 THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012.

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R1-2 BY SRI.SUVIN R.MENON, CGC R3 BY SRI.S.MANU, CGC G.P-SRI.K.A.ANAS

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl).123/2020

JUDGMENT

Ravikumar, J.

I.A No.3 of 2020 is filed in the captioned writ petition (Crl.) seeking permission to withdraw the writ petition. In the I.A, it is prayed that the petitioner may be permitted to withdraw the writ petition with liberty to the detenu to challenge the validity of the detention order if the circumstances warrant in the course of time. Virtually, the petitioner seeks withdrawal of the writ petition on the ground that the period of detention of the detenu expires today (11.12.2020).

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2.Heard the learned counsel for the petitioner, the learned Central Government Counsel and also the learned Government Pleader.

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I.A No.3 of 2020 seeking to withdraw the writ petition stands allowed. Consequently, the writ petition is dismissed with liberty to the detenu to challenge the validity of the detention order in case it becomes necessary to challenge the same in the course of time. In such eventuality, it would be open to the detenu to raise all legally permissible contentions in that regard.

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Sd/-

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C.T.RAVIKUMAR, JUDGE

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Sd/-

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K.HARIPAL, JUDGE

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spc/

Sangeetha Velayudhan v. the Union of India

Case brief

What is this about?

What did the court decide?

Sangeetha Velayudhan v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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