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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM, JJ.
Arumugam – Appellant
Versus
State Represented by The Secretary to Government – Respondent
H.C.P.No.1751 of 2024
Decided on : 21-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition for a Writ of Habeas Corpus concerning the detention of an individual. The key legal provision discussed was Article 226 of the Constitution of India, which allows for the issuance of such writs. The court found that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary, thereby influencing the decision to close the petition.
Fact of the Case:
The petitioner sought a Writ of Habeas Corpus to challenge the legality of a detention order against Thiru.Prathap, who was confined at Central Prison, Salem.
Finding of the Court:
The court noted that the detention order had already been revoked by the competent authority, indicating that the grounds for the petition were no longer valid.
Issues: Whether the detention order was lawful and if the court should intervene in the matter.
Ratio Decidendi: The court determined that since the detention order was revoked, there was no need for further judicial intervention.
Result: The Habeas Corpus Petition was closed as the detention order was no longer in effect.
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in C.M.P.No.58/Goonda/SALEM CITY/2024 dated 25.06.2024 on the file of the Commissioner of Police, Salem City, the second respondent herein and quash the same as illegal and direct the respondent to produce the detenue Thiru.Prathap S/o. Arumugam, aged about 27 years, now confined at Central Prison, Salem, before this Court and set him at liberty.
Mr.E.Raj Thilak, the learned Additional Public Prosecutor appearing on behalf of the respondents made a submission that the impugned detention order has already been revoked by the competent Authority.
2. Thus, no further adjudication needs to be undertaken and the Habeas Corpus Petition stands closed.
A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.
The revocation of a detention order by competent authority renders a Habeas Corpus petition moot.
A Habeas Corpus petition becomes moot when the detention order under challenge is revoked by the competent authority.
The revocation of a detention order by the competent authority negates the need for judicial review of the order.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.
A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.
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