Petitioner challenged detention of her son under Prevention of Goondas Act via habeas corpus. Deterrent order was revoked by Government, making the writ petition infructuous.
Petition closed as infructuous due to revocation of detention order.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:02.03.2018 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2273/2017
Jai Megalai .. Petitioner/Mother of the detenue vs.
1.The Secretary to Government State of Tamil Nadu
Home, Prohibition & Excise Department
Chennai 600 009.
2.The Commissioner of Police,
Commissioner Office, Vepery,
Chennai 600 007. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the order of detention in Memo No.706/BCDFGISSSV/2017 dated 09.11.2017 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Jayaprakash @ J.P. @ Jayaprathap son of Babu, aged about 24 years the detenue now confined at Central Prison, Puzhal, Chennai before this Court and set the petitioner's son Jayaprakash @ J.P. @ Jayaprathap son of Babu, aged about 24 years, the detenue herein at liberty.
For Petitioner .. No Appearance For Respondents.. Mr.R.Prathap Kumar, APP
ORDER
(Order of the Court was made by C.T.SELVAM, J.)
Petitioner, mother of the detenu herein, viz., Jayaprakash @ J.P. @ Jayaprathap son of Babu, aged about 24 years, has come forward with this petition challenging the detention order passed by the second respondent dated 04.11.2017 against her son branding him as a “Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the petitioner herein dated 09.11.2017, https://hcservices.ecourts.gov.in/hcservices/ has been revoked by the Government in G.O.Rt.No.6025, Home,
Prohibition & Excise [X] Department dated 22.12.2017 and he has also produced a copy of the said order.
3.Recording the submission of the learned Additional Public Prosecutor, this petition is closed as the same has become infructuous.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
AP
To
1.The Secretary to Government
State of Tamil Nadu, Home, Prohibition & Excise Department
Chennai 600 009.
2.The Commissioner of Police,
Commissioner Officer, Vepery, Chennai 600 007.
3.The Public Prosecutor, Madras High Court, Madras.
4.The Superintendent, Central Prison, Puzhal, Chennai.
VGII(CO)
sm:21.3.2018
H.C.P.No.2273/2017
1 issue framed by the court
Whether a habeas corpus petition should be allowed after the detention order has been revoked by the Government.
2 provisions across 2 enactments
Jai Megalai
Secretary to Government State of Tamil Nadu
Commissioner of Police
C.T. SELVAM
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
