The petitioner filed a habeas corpus petition challenging a detention order passed against her husband under the Tamil Nadu Goondas Act. The detention order had been revoked by the Government prior to the hearing. The Court dismissed the petition as infructuous.
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H.C.P.No.736 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.736 of 2024
Nanthini
... Petitioner/wife of the detenue
Vs.
State Rep. By:
... Respondents
Prayer : Habeas Corpus Petition filed unde r Article 226 of the Constitution
Page 1 of 4
H.C.P.No.736 of 2024
of India praying for the issuance of a Writ of Habeas Corpus, to call for the records pertaining to the order of Detention dated on 20.03.2024 passed by the 2 nd respondent in No.220/BCDFGISSSV/2024 and quash the same as illegal and direct the respondent to produce the detenue Thiru.Bachi @ Baskaran S/o.Saminathan, Male, aged about 34 years, now confined at Central Prison – II, Puzhal, Chennai before this Hon'ble Court and set hi, at liberty.
For Petitioner : Mr.S.Senthil Kumar
For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
M.S.RAMESH, J. and SUNDER MOHAN, J.
The petitioner herein is the wife of the detenu viz., Bachi @
Baskaran , S/o.Saminathan, the detenue, now confined at Central Prison-II,
Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 20.03.2024 slapped
on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum
Page 2 of 4
H.C.P.No.736 of 2024
Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].
order of detention passed by the second respondent as against the petitioner's husband, dated 20.03.2024 has been revoked by the Government in G.O.Rt.No.2684, Home, Prohibition and Excise (XIII) Department, dated 03.05.2024 and he has also produced a copy of the said order.
Prosecutor, this petition is dismissed as the same has become infructuous.
[M.S.R., J] [S.M., J] 11.07.2024
Anu
Internet : Yes Index : Yes / No Neutral Citation : Yes / No
Page 3 of 4
H.C.P.No.736 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Anu
To
H.C.P.No.736 of 2024
11.07.2024
Page 4 of 4
1 issue framed by the court
Whether the detention order dated 20.03.2024 passed against the detenu is liable to be quashed and the detenu released?
2 provisions across 2 enactments
Nanthini
State Rep. By: The Additional Chief Secretary to Government
The Commissioner of Police, Greater Chennai
The Superintendent of Police, Central Prison – II
The Inspector of Police (L & O)
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.S. RAMESH and SUNDER MOHAN
Parties & counsel
