Habeas corpus petition by a husband challenging his wife's preventive detention under the Tamil Nadu Act 14 of 1982. The Additional Public Prosecutor informed the court that the detention order had been revoked by the Government. Recording this submission, the High 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.
H.C.P.No.858 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.858 of 2024
Prabakaran ... Petitioner/Husband of the detenue Vs.
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The District Collector & District Magistrate Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District, Cuddalore.
4.The Superintendent of Prison, Special Prison for Women, Vellore.
5.The Inspector of Police, Ramanatham Police Station, Cuddalore District. ... Respondents
Prayer : Habeas Corpus Petition filed unde r Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the
Page 1 of 4
H.C.P.No.858 of 2024
entire records in connection with the order of Detention passed by the second respondent dated 20.03.2024 in C3/D.O.No.23/2024 against the petitioner Wife Divya, Female aged 27 years W/o.Prabhakran, who is confined at Special Prison for Women, Vellore and set aside the same and direct the respondents to produce the detenue before the Hon'ble court and set her at liberty.
For Petitioner : Mr.D.Balaji For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
M.S.RAMESH, J. and SUNDER MOHAN, J.
The petitioner herein is the husband of the detenu viz., Divya, W/o.Prabhakaran, the detenue, now confined at Special Prison for Women, Vellore, has come forward with this petition challenging the detention order passed by the second respondent dated 20.03.2024 s lapped on his wife, branding her as "Sexual Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982].
Page 2 of 4
H.C.P.No.858 of 2024
2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's Wife, dated 20.03.2024 has been revoked by the Government in G.O.Rt.No.2577, Home, Prohibition and Excise (XI) Department, dated 30.04.2024 and he has also produced a copy of the said order.
3.Recording the submission of the learned Additional Public
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.858 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Anu
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The District Collector & District Magistrate Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District, Cuddalore.
4.The Superintendent of Prison, Special Prison for Women, Vellore.
5.The Inspector of Police, Ramanatham Police Station, Cuddalore District.
6.The Public Prosecutor, High Court, Madras.
H.C.P.No.858 of 2024
11.07.2024
Page 4 of 4
1 issue framed by the court
Whether the habeas corpus petition challenging the preventive detention order survives after the Government revoked the detention order.
2 provisions across 2 enactments
Prabakaran
The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai
The District Collector & District Magistrate, Cuddalore District
The Superintendent of Police, Cuddalore District
The Superintendent of Prison, Special Prison for Women, Vellore
The Inspector of Police, Ramanatham Police Station, Cuddalore District
M.S.Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
