Madras High Court Closes Habeas Corpus Petition After Detention Order Revoked by Competent Authority. The Court held that no adjudication is required when the detention order under Tamil Nadu Act 14 of 1982 is revoked.

High Court: Madras High Court
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Case Note & Summary

The petitioner, Krishnaveni, mother of the detenu Vasanth @ Bablu, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court. The petition sought to quash the detention order dated 06-11-2024 passed by the second respondent (Commissioner of Police) under the Tamil Nadu Act 14 of 1982, and to direct the respondents to produce the detenu, who was confined in Central Prison, Puzhal, Chennai, and set him at liberty. The case was heard by a Division Bench comprising Justice S.M. Subramaniam and Justice M. Jothiraman. During the hearing, Mr. R. Muniyapparaj, the learned Additional Public Prosecutor appearing for the respondents, submitted that the impugned detention order had already been revoked by the competent authority. In view of this submission, the Court held that no further adjudication was necessary and closed the Habeas Corpus Petition. The order was passed on 24.01.2025.

Headnote

A) Preventive Detention - Habeas Corpus - Revocation of Detention Order - Tamil Nadu Act 14 of 1982 - The petitioner challenged the detention order under the Tamil Nadu Act 14 of 1982. The Additional Public Prosecutor submitted that the detention order had been revoked by the competent authority. The Court held that no further adjudication was required and closed the petition. (Paras 1-2)

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Issue of Consideration

Whether the Habeas Corpus petition requires adjudication when the impugned detention order has been revoked by the competent authority.

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Final Decision

Habeas Corpus Petition closed as infructuous in view of revocation of detention order by competent authority.

Law Points

  • Habeas Corpus petition becomes infructuous if detention order is revoked by competent authority
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Case Details

2025 LawText (MAD) (01) 141

H.C.P.No.3263 of 2024

2025-01-24

S.M.SUBRAMANIAM, M.JOTHIRAMAN

Mr.N.Naresh, Mr.R.Muniyapparaj

Krishnaveni

State of Tamilnadu, Rep.by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai – 600 009; The Commissioner of Police, Greater Chennai Police Commissioner, The Commissioner Office, Vepery, Chennai – 7; The Superintendent of Police, Central Prison, Puzhal, Chennai – 66; The Inspector of Police, K2 – Ayanavaram Police Station, Chennai

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Nature of Litigation

Habeas Corpus petition challenging preventive detention order

Remedy Sought

Petitioner sought quashing of detention order and release of detenu

Filing Reason

Detention order under Tamil Nadu Act 14 of 1982 was passed against petitioner's son

Previous Decisions

Detention order was revoked by competent authority before hearing

Issues

Whether the Habeas Corpus petition requires adjudication when the impugned detention order has been revoked by the competent authority.

Submissions/Arguments

Respondents' counsel submitted that detention order has been revoked by competent authority, rendering petition infructuous.

Ratio Decidendi

When a detention order is revoked by the competent authority, no further adjudication is required in a Habeas Corpus petition challenging the same.

Judgment Excerpts

Mr. R.Muniyapparaj, 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. In view of the above submission, this Habeas Corpus Petition stands closed.

Procedural History

Petitioner filed Habeas Corpus Petition on 24.01.2025 challenging detention order dated 06-11-2024. At hearing, respondents informed that detention order had been revoked. Court closed petition.

Acts & Sections

  • Tamil Nadu Act 14 of 1982:
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Related Judgement
High Court Madras High Court Closes Habeas Corpus Petition After Detention Order Revoked by Competent Authority. Preventive detention order revoked renders petition infructuous.
Related Judgement
High Court Madras High Court Closes Habeas Corpus Petition After Detention Order Revoked by Competent Authority. The Court held that no adjudication is required when the detention order under Tamil Nadu Act 14 of 1982 is revoked.