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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM, JJ.
Shamla - Appellant
Versus
State of Tamil Nadu – Respondent
H.C.P.No.1561 of 2024
Decided on : 09-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition under Article 226 of the Constitution of India for a Writ of Habeas Corpus concerning the detention of Bharathraj under the Tamil Nadu Act 14 of 1982. The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.
Fact of the Case:
The petitioner filed a Habeas Corpus petition seeking the release of her husband, Bharathraj, who was detained under a specific order issued by the authorities.
Finding of the Court:
The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should proceed with the Habeas Corpus petition given that the detention order had been revoked.
Ratio Decidendi: The court determined that once a detention order is revoked, the grounds for the Habeas Corpus petition no longer exist, and thus, further adjudication is unnecessary.
Result: The Habeas Corpus petition was closed as the detention order had been revoked.
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, calling for the records relating to the detention order in Memo No.560/BCDFGISSSV/2024, dated 21.05.2024 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 husband Bharathraj S/o. Baskar the detenue, now confined in Central Prison, Chennai before this Court and set the petitioner's husband Bharathraj S/o. Baskar aged about 23 years the detenue at liberty.
Mr.E.Raj Thilak, the learned Additional Public Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.
2. In view of the above submission, this Habeas Corpus Petition stands closed.
A Habeas Corpus petition becomes moot when the detention order under which the individual was held is revoked by the competent authority.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.
A Writ of Habeas Corpus becomes moot when the detention order being challenged has been revoked by the competent authority.
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 being challenged is revoked by the competent authority.
The revocation of detention orders by the competent authority negates the need for habeas corpus proceedings.
The revocation of a detention order by the competent authority negates the need for judicial review of the order.
A Habeas Corpus petition becomes moot when the detention order being challenged is revoked by the competent authority.
A Habeas Corpus petition becomes moot when the detention order under challenge is revoked by the competent authority.
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