Case Note & Summary
The petitioner, Snegakumari, wife of the detenu Manikandan @ Koolamani, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court. The petition sought to challenge the detention order dated 05.12.2024 passed by the Commissioner of Police, Salem City (the 2nd respondent) in C.M.P.No.98/Goonda/Salem City/2024, under which her husband was detained at Central Prison, Salem. The petitioner prayed for the production of the detenu and his release. During the hearing on 24.01.2025, the Additional Public Prosecutor, Mr. R. Muniyapparaj, appearing for the respondents, submitted that the impugned detention order had already been revoked by the competent authority. In light of this submission, the court, comprising Justice S.M. Subramaniam and Justice M. Jothiraman, observed that no further adjudication was necessary. Consequently, the Habeas Corpus Petition was closed without any order on merits. The judgment was delivered by Justice M. Jothiraman on behalf of the bench.
Headnote
A) Preventive Detention - Habeas Corpus - Revocation of Detention Order - Constitution of India, Article 226 - The petitioner challenged the detention order dated 05.12.2024 passed by the Commissioner of Police, Salem City. During the hearing, the Additional Public Prosecutor submitted that the detention order had been revoked by the competent authority. In view of the submission, the court held that no further adjudication was required and closed the Habeas Corpus Petition. (Paras 1-2)
Issue of Consideration
Whether the Habeas Corpus petition requires adjudication on merits when the impugned detention order has been revoked by the competent authority.
Final Decision
Habeas Corpus Petition closed as the detention order was revoked by the competent authority; no further adjudication required.
Law Points
- Habeas Corpus petition becomes infructuous if detention order is revoked
- No adjudication required on merits if detention order is revoked
