Father filed a habeas corpus petition under Article 226 challenging his son's preventive detention order dated 10.01.2024. Both sides produced the Government Order revoking the detention order. Recording this submission, the Division Bench dismissed the petition as infructuous.
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H.C.P.No.128 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.128 of 2024
Basheer
... Petitioner
Vs.
1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai-9
2.District Magistrate and District Collector of The Nilgiris District, Udhagamandalam
3.The Superintendent of Police The Nilgiris District, Udhagamandalam
4.The Superintendent of Prison Central Prison, Coimbatore
5.The Inspector of Police Masinagudi Police Station The Nilgiris District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
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H.C.P.No.128 of 2024
issue a writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 10.01.2024 in Cr.M.P.No.03/2024 against the petitioner's son Shahbas, Male aged 26 years, S/o.Basheer, who is confined at Central Prison, Coimbatore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : M/s.D.Balaji For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor Assisted by Mr.C. Aravind
ORDER
M.S.RAMESH, J. AND SUNDER MOHAN, J.
When the matter was taken up for hearing, the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of the Government Order in G.O.Rt.No.914, Home, Prohibition and Excise (X) Department, dated 15.02.2024, submitted that the detention order has already been revoked.
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H.C.P.No.128 of 2024
dismissed as infructuous.
[M.S.R., J] [S.M., J] 13.06.2024
Index: Yes/No Neutral Citation
kas To
1.The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai-9
2.District Magistrate and District Collector of The Nilgiris District, Udhagamandalam
3.The Superintendent of Police The Nilgiris District, Udhagamandalam
4.The Superintendent of Prison Central Prison, Coimbatore
5.The Inspector of Police Masinagudi Police Station The Nilgiris District
6.The Public Prosecutor High Court of Madras Chennai 600 104
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H.C.P.No.128 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
kas
H.C.P.No.128 of 2024
13.06.2024
Page 4 of 4
1 issue framed by the court
Whether the habeas corpus petition challenging the preventive detention order survives after the detention order was revoked.
1 provisions across 1 enactments
Basheer
The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai-9
District Magistrate and District Collector of The Nilgiris District, Udhagamandalam
The Superintendent of Police The Nilgiris District, Udhagamandalam
The Superintendent of Prison Central Prison, Coimbatore
The Inspector of Police Masinagudi Police Station The Nilgiris District
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
