Case Note & Summary
The matter arose from a Habeas Corpus Petition filed under Article 226 of the Constitution of India by the mother of the detenu, Thariq @ Mohammed Thariq Anwar, challenging a preventive detention order dated 20.01.2025, passed by the District Collector and District Magistrate, Dindigul District. The detenu had been detained at Central Prison, Madurai. The petitioner sought to quash the detention order and secure the release of her son. The petition was pending before the Madurai Bench of Madras High Court. During the course of hearing, the learned Additional Public Prosecutor produced a copy of G.O.RT.No.1134 dated 06.03.2025, indicating that the Advisory Board had revoked the detention order. On this basis, he submitted that nothing further remained to be adjudicated and the petition had been rendered infructuous. The court, having heard both sides and perused the materials, accepted this submission. Consequently, the Habeas Corpus Petition was dismissed as infructuous on 11.03.2025. No substantive findings on the legality of the detention order were recorded, as the sole ground for disposal was the supervening event of revocation. The bench consisted of Dr. Justice G. Jayachandran and Justice R. Poornima. Representation for the petitioner was by Mr. S. Vishnuvardhan, and for the respondents 1 to 3 by Mr. S. Ravi, Additional Public Prosecutor. The court’s order effectively closed the proceedings without any determination on merits, as the very cause of action had ceased to exist upon the executive action of revocation.
Headnote
A) Habeas Corpus - Preventive Detention - Revocation by Advisory Board - Constitution of India, 1950, Article 226 - The High Court was informed by the State that the Advisory Board had revoked the detention order passed against the detenu, leaving nothing to be adjudicated in the habeas corpus petition. Held, the petition is liable to be dismissed as infructuous. (Paras 3-4)
Issue of Consideration
Whether the Habeas Corpus Petition survives for adjudication after the Advisory Board revoked the preventive detention order during pendency of the petition.
Final Decision
Habeas Corpus Petition dismissed as infructuous in view of the revocation of the detention order by the Advisory Board vide G.O.RT.No.1134 dated 06.03.2025.
Law Points
- Habeas corpus petition becomes infructuous upon revocation of the challenged detention order by the Advisory Board
- and no further adjudication survives.
