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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Dhivya - Petitioner
Versus
State, Rep. by The Secretary to Government, Home, Prohibition and Excise Department & Ors. - Respondents
H.C.P. No. 1306 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 The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 for a Writ of Habeas Corpus to challenge the legality of a detention order against Thiru.Saravanan, who was confined at Central Prison, Salem.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the legality of the detention order when it has been revoked.
Ratio Decidendi: The court held that once a detention order is revoked, the basis for the habeas corpus petition no longer exists, and thus, further adjudication is unnecessary.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.
ORDER :
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.49/Goonda/Salem City/2024 dated 21.05.2024 on the file of the Commissioner of Police, Salem City, the second respondent herein and quash the same as illegal and direct the respondents to produce the detenue Thiru.Saravanan, S/o. Dhanasekar, aged about 30 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Writ of Habeas Corpus is rendered moot when the detention order being challenged has been revoked by the competent authority.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 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 negates the need for judicial review of the order.
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 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 is rendered moot when the detention order has been revoked by the competent authority.
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