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S. M. SUBRAMANIAM, V. SIVAGNANAM
Rethinam – Appellant
Versus
State of Tamil Nadu, Represented by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order in Cr.M.P.No.05/2024, dated 26.02.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Thalapathi S/o.Rethinam aged about 34 years, the detenue, now confined in Central Prison, Thiruchirapalli before this Court and set him at liberty.
The order of detention passed by the 2nd respondent in Cr.M.P.No.05/2024, dated 26.02.2024 is sought to be quashed in the present Habeas Corpus Petition.
2. The learned counsel for the petitioner would submit that the detenu in the present case, Mr.Thalapathy was arrested on 25.01.2024. The detention order has been issued on 26.02.2024. The detenu is under going imprisonment under preventive detention law for about 8 months.
3. Though the learned Additional Public Prosecutor would submit that the detenu has involved in 53 criminal cases, only four cases are relied on for the purpose of issuing impugned detention order.
4. However, the first adverse cas
Preventive detention must be justified by a clear and immediate threat to public order, and reliance on remote past cases is insufficient to uphold such detention.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order under which the individual was held is revoked by the competent authority.
Preventive detention must be based on a clear and proximate threat to public order, and reliance on outdated or irrelevant cases is insufficient to justify such detention.
A Habeas Corpus petition becomes moot when the detention order under challenge is revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
Unexplained delay in passing a detention order can lead to the setting aside of the order, as established in Sushanta Kumar Banik's case.
The revocation of detention orders by the competent authority negates the need for habeas corpus proceedings.
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