Johara Bee v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.NO.34 OF 2022 Johara Bee .. Petitioner/ Mother of Detenue Vs

1. State of Tamil Nadu represented by The Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police/ Detaining Authority, O/o.The Commissioner of Police, Coimbatore.

3. The Superintendent of Prison, Central Prison, Coimbatore.

4. The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records relating to the detention order vide Memo in C.No.56/G/IS/2021 dated 30.11.2021 passed by the second respondent and quash the same and direct the respondents herein to produce the body of the petitioner's son viz., B.Faizal Rahman, S/o.Bawa, aged 26 years, (who is presently undergoing detention in the Central Prison, Coimbatore), before this Court and set him at liberty.

For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) The petitioner challenges the impugned order of detention in C.No.56/G/IS/2021 dated 30.11.2021 detaining her son as "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O.Rt.No.1322, Home, Prohibition and Excise (XII) Department, dated 14.03.2021 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar nsd/17 To

1. The Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police/ Detaining Authority, O/o.The Commissioner of Police, Coimbatore.

3. The Superintendent of Prison, Central Prison, Coimbatore.

4. The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City.

5. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.34 of 2022 AK-II(CO) RLP(11/07/2022)