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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Nirmaladevi – Petitioner
Versus
The Principal Secretary to the Government, Home, Prohibition and Excise Department, Chennai – Respondent
H.C.P. No. 1799 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, seeking to quash a detention order under the Tamil Nadu Act 14 of 1982. The court found that the detention order had been revoked by the Competent Authority, leading to the conclusion that no further adjudication was necessary.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:
A Habeas Corpus Petition was filed to challenge the detention of Rajesh, who was detained as a Goonda under the Tamil Nadu Act 14 of 1982.
Finding of the Court:
The court noted the submission from the Additional Public Prosecutor that the detention order had already been revoked by the Competent Authority.
Issues: Whether the court should proceed with the adjudication of the Habeas Corpus Petition given the revocation of the detention order.
Ratio Decidendi: The court determined that since the detention order was revoked, there was no need for further adjudication on the matter.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.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, calling for the records in Memo No. 85/BCDFGISSSV/2024 on the file of the 2nd respondent, quash the detention order dated 25.06.2024 and direct the production of the detenue Rajesh son of Balu presently detained at the Central Prison, Puzhal, Chennai as a Goonda under the Tamil Nadu Act 14 of 1982 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the Competent Authority and thus, no further adjudication needs to be undertaken.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.
A Habeas Corpus Petition becomes moot when the detention order it seeks to challenge has been revoked by the appropriate authority.
A Writ of Habeas Corpus becomes moot when the detention order has been revoked by the competent authority.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.
A Writ of Habeas Corpus becomes moot when the detention order under which the individual was confined is 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 is rendered moot when the detention order has been revoked by the competent authority.
The impairment of the detenu's constitutional right to make an effective representation and the principle that preventive detention is not a punishment.
A detention order can be quashed if procedural irregularities, such as an undated special report, infringe upon the detenue's right to make an effective representation.
The revocation of detention orders by the competent authority negates the need for habeas corpus proceedings.
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