Habeas corpus petition challenging a preventive detention order; both sides produced a Government Order showing the detention order had been revoked, and the court dismissed the petition as infructuous.
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.
HCP.No.191 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.191 of 2024
Adaikalameri
... Petitioner
Vs.
1.The State rep. by The District Collector and District Magistrate, Ariyualur District.
2.The Secretary to Government(Home), Prohibition and Excise Department, Secretariat, Chennai – 600 009.
3.The Superintendent of Police, Ariyalur District.
4.The Superintendent of Prisons, The Central Prison, Tiruchirappalli.
Page 1 of 4
5.The Inspector of Police, Jayankondam Police Station, Ariyalur District.
HCP.No.191 of 2024
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records in vide Memo No.Cr.M.P.No.01/2024 dated 04.01.2024 passed by the 1st Respondent to set aside the same and further direction the respondents to produce the body petitioner son detenue son Susilraj S/o Rajarathinam, aged about 26 years this Hon'ble Court the detenue is now confined the central prison, Tiruchirappalli and set liberty to detenue.
For Petitioner : Mr.T.Balachandran For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, 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.901, Home, Prohibition and Excise (XV) Department, dated
Page 2 of 4
HCP.No.191 of 2024
15.02.2024, submitted that the detention order has already been revoked.
[M.S.R., J] [S.M., J] 07.06.2024
Index: Yes/No Tsg To 1.The State rep. by The District Collector and District Magistrate, Ariyualur District. 2.The Secretary to Government(Home), Prohibition and Excise Department, Secretariat, Chennai – 600 009. 3.The Superintendent of Police, Ariyalur District. 4.The Superintendent of Prisons, The Central Prison, Tiruchirappalli. 5.The Inspector of Police, Jayankondam Police Station, Ariyalur District. 6.The Public Prosecutor, High Court, Madras.
Page 3 of 4
HCP.No.191 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Tsg
H.C.P.No.191 of 2024
07.06.2024
Page 4 of 4
1 issue framed by the court
Whether the habeas corpus petition survived after the detention order was revoked by the Government.
1 provisions across 1 enactments
Adaikalameri
The State rep. by The District Collector and District Magistrate, Ariyalur District
The Secretary to Government (Home), Prohibition and Excise Department, Secretariat, Chennai
The Superintendent of Police, Ariyalur District
The Superintendent of Prisons, The Central Prison, Tiruchirappalli
The Inspector of Police, Jayankondam Police Station, Ariyalur District
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
