In this habeas corpus petition challenging a detention order under the Prevention of Black Marketing Act, the court closed the petition after the government submitted that it had revoked the detention order via a Government Order dated 07.12.2021.
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 23.12.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA
H.C.P.No.2139 of 2021
Karpagam
… Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records leading to the detention of petitioner's husband, the detenu Siva @ Sivakumar, aged 27, son of Mani, presently detained in Central Prison, Salem, under Act 14/1982, as 'Black Marketer' vide the detention order dated 26.10.2021 in C.M.P.No.3/Black Marketer/Salem City/2021, on the file of the 2nd respondent herein, directing to produce the person or body of the detenu Siva @ Sivakumar, aged 27, son of Mani, before this Hon'ble Court and thereafter set him at liberty from the Central Prison, Salem, by set aside the above order.
For petitioner : Mr.B.Vasudevan
For respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by R.HEMALATHA, J.]
The petitioner challenges the impugned order of detention in C.M.P.No.3/Black Marketer/Salem City/2021, dated 26.10.2021, detaining her husband as "BLACK MARKETER" under Section 3(1) read with 3(2)(b) of the Prevention of black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).
Recording the same, this Habeas Corpus Petition stands closed.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
mtl
To
5.The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9.
6.The Public Prosecutor High Court, Madras.
H.C.P.No.2139 of 2021
A.SK(06.01.2022)
1 issue framed by the court
Whether to allow a habeas corpus petition when the government has revoked the order of detention.
2 provisions across 2 enactments
Karpagam
The State of Tamil Nadu, Rep. by its Secretary of Government, Home, Prohibition & Excise Department
The Commissioner of Police, Salem City
The Superintendent, Central Prison – Salem
The Inspector of Police, Civil Supplies CID, Salem
P.N.PRAKASH
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
