This is a Habeas Corpus petition challenging a detention order as a 'Goonda' under the Tamil Nadu Act 14 of 1982. The Court closed the petition as the impugned detention order was subsequently revoked by the Government via a relevant Government Order dated 23.05.2022.
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.
H.C.P.No.988 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH and
The Honourable Mr. Justice G.CHANDRASEKHARAN
H.C.P.No.988 of 2022
Padmanaban
.. Petitioner
Vs
Office of the Commissioner of Police (Goondas Section), Vepery, Chennai – 600 007.
... Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Habeas Corpus to call for the entire records
Page 1 of 4
H.C.P.No.988 of 2022
connected with the detention order of the 2nd respondent in No.69/BCDFGISSSV/2022 dated 13.04.2022 and quash the same and direct the respondents to produce the body and person of detenu viz. Padmanaban, son of Kumaravelan, aged about 32 years, detained in the Central Prison, Puzhal, Chennai, before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.M.Santharam For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J. )
The petitioner who is the detenu challenges the impugned order
of detention in No.69/BCDFGISSSV/2022 dated 13.04.2022 detaining him as “Goonda”, as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.
The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the
Page 2 of 4
H.C.P.No.988 of 2022
Government by its order in G.O.Rt.No.3009, Home, Prohibition and Excise (XIII) Department, dated 23.05.2022 and he has also produced a copy of the Government Order. Recording the same, this Habeas
Corpus Petition stands closed.
(P.N.P., J.) (G.C.S., J.) 25.11.2022
Index: Yes/No nsd
To
Office of the Commissioner of Police (Goondas Section), Vepery, Chennai – 600 007.
Page 3 of 4
H.C.P.No.988 of 2022
P.N.PRAKASH, J. and G.CHANDRASEKHARAN, J.
nsd
H.C.P.No.988 of 2022
25.11.2022
Page 4 of 4
2 issues framed by the court
Whether the High Court should set aside a Habeas Corpus petition when the detention order has already been revoked by the Government.
Whether the requirement to produce the detenu before the Court is necessary when the detention has been revoked.
3 provisions across 3 enactments
Padmanaban
The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai
The Commissioner of Police, Greater Chennai
The Superintendent of Prison, Central Prison II, Puzhal, Chennai
The Inspector of Police, V-1, Villivakkam Police Station, Chennai
The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai
P.N.PRAKASH
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
