In this habeas Corpus petition challenging a detention order under the Tamil Nadu Act 14 of 1982, the High Court closed the matter because the detention was revoked by a Government Order dated 06.11.2020 before the hearing.
The Habeas Corpus Petition stands closed on the ground that the detention has been revoked.
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 : 23.04.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.1854 of 2020
Chandra,
W/o.Mohan ...Petitioner /
Mother of the detenu
versus
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner of Police,
Greater Chennai,
Vepery, Chennai - 600 007.
3.The Superintendent of Prison,
Central Prison-II, Puzhal,
Chennai - 600 066.
4.The Inspector of Police,
E-1, Mylapore Police Station,
Mylapore,
Chennai - 600 004. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the entire records leading to the detention of the petitioner's son Sivakumar, son of Mohan, Male aged about 42 years is presently lodged in Central Prison, Puzhal-II, Puzhal at Chennai and has been detained under Act 14/82 as a "Goonda" vide detention order dated 17.09.2020 on the file of the second respondent herein, made in Memo No.376/BCDFGISSSV/2020 and quash the same and consequently, direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal-II, Puzhal at Chennai.
For Petitioner : Mr.R.Sasikumar for Mr.M.Rajavelu For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor
O R D E R [Order of the Court was made by R.PONGIAPPAN, J.]
The petitioner challenges the impugned order of detention in Memo No.376/BCDFGISSSV/2020 on 17.09.2020, detaining her son as "Goonda" under Section 2(f) of the Tamil Nadu Act 14 of 1982. 2. The learned Additional Public Prosecutor appearing for the respondents reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.4794, Home, Prohibition and Excise (XIII) Department, dated 06.11.2020 and he has also produced a copy of the Government Order. 3. Recording the same, this Habeas Corpus Petition stands closed. Sd/Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009. 2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007. 3.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai - 600 066.
H.C.P.No.1854 of 2020
PPA(CO) CB(05/07/2021)
3 issues framed by the court
Whether the High Court should issue a Writ of Habeas Corpus to quash the detention order of the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982.
Whether the detention order remains valid given its revocation by the Government.
To be produced.
2 provisions across 2 enactments
Chandra
The State of Tamilnadu
The Commissioner of Police, Greater Chennai
The Superintendent of Prison, Central Prison-II, Puzhal
The Inspector of Police, E-1, Mylapore Police Station
R.Pongiappan
P.N.Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
