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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Rehyana Banu - Petitioner
Versus
The Secretary to Government, Home, Prohibition and Excise Department, Secretariat & Ors. - Respondents
H.C.P. No. 1312 of 2024
Decided On : 09-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition for a Writ of Habeas Corpus concerning a detention order against the petitioner’s husband. The key legal provision discussed was Article 226 of the Constitution of India, which allows for the issuance of 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 The court noted that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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 against her husband, Basha, who was confined at Central Prison, Vellore.
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The court found that the detention order had already been revoked by the competent authority, rendering the petition moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has already been revoked.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 subject matter for the court to adjudicate upon, as the basis for the Habeas Corpus petition no longer exists.
Result: The Habeas Corpus petition was closed as the detention order had been revoked.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 connection with the order of detention passed by the second respondent dated 23.05.2024 in C3/D.O.No.25/2023 against the petitioner husband Basha, Male aged 39 years S/o. Sherkhan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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 Habeas Corpus petition becomes moot when the detention order being challenged 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 Habeas Corpus petition becomes moot when the detention order being challenged is 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 Habeas Corpus petition becomes moot when the detention order under challenge 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 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 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 being challenged has been revoked by the competent authority.
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