The Court held that a Habeas Corpus Petition seeking release of a detenu under Tamil Nadu Prevention of Organised Crime Act stands closed as the detention order was already quashed in a prior order dated 30.09.2020.
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: 24.08.2021
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH and
THE HONOURABLE MS. JUSTICE R.N.MANJULA
H.C.P.No.191 of 2020
Faridha W/o.Saleem ... Petitioner/ Mother of the Detenue
Vs.
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records in connection with the detention order passed by the second respondent dated 23.01.2020 in Memo No.B3/D.O.No.04/2020 against the petitioner's son Althaf S/o.Saleem, aged 25 years, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.R.Muniyapparaj Government Advocate [crl.side]
ORDER
[Order of the Court was made by P.N.PRAKASH, J]
The petitioner is the mother of the detenu viz., Althaf S/o.Saleem, aged 25 years. The detenu has been detained by the second respondent by his order in Memo No.B3/D.O.No.04/2020 dated 23.01.2020, holding him to be a "Sand Offender", as
contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
It is seen that the detention order in Memo No.B3/D.O.No.04/2020 dated 23.01.2020 passed against the detenu viz., Althaf S/o.Saleem, aged 25 years, has been quashed by this Court vide order dated 30.09.2020. In view of the same, this Habeas Corpus Petition stands closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
gm
To
H.C.P.No.191 of 2020
GSM(CO)
CT (09/09/2021
1 issue framed by the court
Whether a Habeas Corpus Petition invoking Article 226 regarding detention under Section 2(gg) of Tamil Nadu Act 14 of 1982 stands closed when the detention order was previously quashed by this Court.
2 provisions across 2 enactments
Faridha W/o.Saleem
The Secretary to the Government, - Home, Prohibition and Excise Department
The District Collector and District Magistrate, Ranipet District
P.N.PRAKASH
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
