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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Ammu – Petitioner
Versus
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai – Respondent
H.C.P. No. 1838 of 2024
Decided On : 22-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a Habeas Corpus Petition under Article 226 of the Constitution of India, concerning the detention of Naveen @ Duke Naveen. The key legal provision discussed was the authority of the Competent Authority to revoke a detention order, which influenced the court's decision to close the petition without further adjudication due to the revocation of the order.
Fact of the Case:
A Habeas Corpus Petition was filed for the release of Naveen @ Duke Naveen, who was detained under an order dated 25.06.2024. The petitioner sought to set aside the detention order and secure the release of the detenue.
Finding of the Court:
The court found that the detention order had been revoked by the Competent Authority, rendering the petition moot and unnecessary for further adjudication.
Issues: Whether the court should proceed with the Habeas Corpus Petition given that the detention order had been revoked.
Ratio Decidendi: The court held that once a detention order is revoked by the appropriate authority, the grounds for the Habeas Corpus Petition no longer exist, and thus, the petition should be closed.
Result: The Habeas Corpus Petition was closed as the detention order had already been revoked.
ORDER :
Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the 2nd respondent dated 25.06.2024 in BCDFGISSSV No. 713 of 2024 against the petitioner's son Naveen @ Duke Naveen son of Mariyappan aged about 24 years who is confined at Central prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before this Court and set him at Liberty.
1. Mr. E. Raj Thilak, 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the Competent Authority and thus, no further adjudication needs to be undertaken.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 made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed.
The revocation of a detention order by the Competent Authority nullifies the basis for a Habeas Corpus Petition, leading to its dismissal.
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 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 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 Habeas Corpus Petition becomes moot when the detention order it seeks to challenge has been revoked by the appropriate 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.
A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.
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