Prabavathi v. the Secretary to Government
Case brief
What is this about?
The court was approached to issue a Writ of Habeas Corpus to quash a detention order passed against the petitioner's son under the Tamil Nadu Act 14 of 1982. The Additional Public Prosecutor informed that the Government had revoked the detention order by G.O.Rt.No.2159 dated 21.06.2019. Recording this, the Habeas Corpus Petition stood closed.
What did the court decide?
The Habeas Corpus Petition stands closed as the detention order has been revoked by the Government.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2019
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
H.C.P.NO.970 OF 2019
Prabavathi ... Petitioner
-vs-
- The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
- The Commissioner of Police/Detaining Authority, City Police Office, Coimbatore City, Coimbatore – 641 018. ... Respondents
Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records relating to the detention order dated 02.05.2019 by the second respondent in his proceedings No. C.No.26/G/IS/2019 and quash the same and direct the respondents herein t produce the detenu namely C.Prasanth, son of Chandran, aged about 22 years, residing at D.No.33A, Kamarajarpuram, 2nd street, Sanganur Main Road, Ganapathi, Coimbatore District, who is presently under going detention in the Central Prison, Coimbatore as Goonda under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootlegers, Cyber Law Offenders, Drug Offenders, Forest offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) before this Court and set him at liberty.
Issues for consideration
3 issues framed by the court
Whether to issue a Writ of Habeas Corpus to quash the detention order passed against the detenu's son under the Tamil Nadu Act 14 of 1982.
Whether the detention proceedings should be closed when the Government has revoked the detention order.
Whether the detenu should be produced before the Court and set at liberty following the revocation of the detention order by the Government.
Parties & counsel
- petitioner
Prabavathi
- respondent
The Secretary to the Government, Home, Prohibition and Excise Department
- respondent
The Commissioner of Police/Detaining Authority
Coram
Case details
As recorded by the court registry
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