Bamavathy v. State Rep. by
Case brief
What is this about?
This is an order in a Habeas Corpus petition filed by Bamavathy for release of her husband, Prakash, detained as a 'Goonda' under the Tamil Nadu Act 14 of 1982. The High Court closed the petition upon the learned Public Prosecutor reporting that the Government had revoked the detention order via G.O.Rt.No.4791 dated 06.11.2020.
What did the court decide?
The Habeas Corpus Petition is closed.
What the court decided
A compact analysis
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 : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.1723 of 2020
Bamavathy,
W/o.Prakash ...Petitioner /Wife of the detenu
versus
1.State rep. By
The Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai - 600 009.
2.The District Collector and
District Magistrate,
Cuddalore District.
3.The Superintendent of Police,
Cuddalore District, Cuddalore.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police.
Puthur Police Station,
Cuddalore District. ...Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records in C3/D.O/106/2020 dated 17.09.2020 on the file of the second respondent and quash the detention as illegal and direct the respondents to produce the detenu, Prakash, son of Manokaran, aged 31 years, now confined in Central Prison, Cuddalore, before this Court and set him at liberty.
For Petitioner : M/s.S.Sengkodi For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor
Issues for consideration
2 issues framed by the court
Whether to close the Habeas Corpus petition filed on behalf of the wife of a detainee after the government revoked the detention order.
Whether to quash the detention order of Prakash under Section 2(f) of the Tamil Nadu Act 14 of 1982.
Parties & counsel
- petitioner
Bamavathy
- respondent
State rep. By The Secretary to Government, Home, Prohibition and Excise Department
- respondent
District Collector and District Magistrate, Cuddalore District
- respondent
Superintendent of Police, Cuddalore District
- respondent
Superintendent of Prison, Central Prison, Cuddalore
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court