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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam, JJ.
Gokilavaani - Petitioner
Versus
The Principal Secretary to Government, The Department of Home, Prohibition and Excise and ors. – Respondents
H.C.P.No.1379 of 2024
Decided On : 06-08-2024
HABEAS CORPUS - DETENTION ORDER - The court addressed a petition for a Writ of Habeas Corpus concerning the detention of the petitioner's son. The key legal provision discussed was Article 226 of the Constitution of India, which allows for the issuance of writs. The court found that the detention order had been revoked by the competent authority, leading to the conclusion that no further adjudication was necessary.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:
The petitioner filed a Habeas Corpus petition under Article 226 of the Constitution of India to challenge the detention order of their son, Sathish @ Tamil Selvan, who was detained in Central Prison, Coimbatore.
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The court noted the submission from the Additional Public Prosecutor that the detention order had already been revoked by the competent authority, indicating that the issue was moot.
Issues: Whether the court should adjudicate on the validity of the detention order when it has already been revoked.
Ratio Decidendi: The court determined that since the detention order was revoked, there was no need for further judicial intervention or adjudication.
Result: The Habeas Corpus Petition was closed as the detention order had been revoked.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 of the 2nd respondent in relation to the impugned detention order made in Cr.M.P.No.37/Sexual Offender/2024 dated 03.05.2024 and set-aside the same and consequently direct the respondents to produce the body of the petitioner's son namely Sathish @ Tamil Selvan aged 28 years son of Balasubramani presently detained in Central Prison, Coimbatore 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Prosecutor appearing on behalf of the respondents made a submission that the impugned order of detention has already been revoked by the competent Authority and thus no further adjudication needs to be undertaken.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A Writ of Habeas Corpus is rendered moot when the detention order has been revoked by the competent authority.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.
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 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.
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 Habeas Corpus petition becomes moot when the detention order being challenged has been revoked by the competent authority.
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