Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Vijay Kumar - Petitioner
Versus
The Secretary to Government, Home, Prohibition & Excise (XVI) Department, Secretariat & Ors. - Respondents
H.C.P. No. 1237 of 2024
Decided On : 09-08-2024
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 The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 under Article 226 of the Constitution of India to challenge the detention order of his brother, Mr. Suresh, who was confined at Central Prison, Puzhal.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has already been revoked.
Ratio Decidendi: The court held that once a detention order is revoked, there is no longer a basis for the court to consider the legality of that order, as the issue has become academic.
Result: The Habeas Corpus Petition was closed due to the revocation of the detention order.
ORDER :
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 entire records connected with the detention order in BCDFGISSSV No.492/2024 dated 10.05.2024 on the file of the respondent no.2 and quash the same and direct the respondents to produce the body and person of petitioner's brother one named Mr. Suresh S/o. Kamalakkanan aged about 22 years now confined at Central Prison, Puzhal before this Court and set him at liberty forthwith.]
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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.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.
A Habeas Corpus petition becomes moot when the detention order under challenge 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 becomes moot when the detention order 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 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 has been revoked by the competent authority.
The revocation of a detention order by the Competent Authority nullifies the basis for a Habeas Corpus Petition, leading to its dismissal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
