State Of Tamilnadu v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.16481 of 2005 and W.P.M.P.No.17927 of 2005 State of Tamil Nadu Represented by B.Durai Arasan, Assistant Commissioner of Police, Traffic Investigation, Anna Nagar, Chennai City.

...Petitioner

Vs.

1. Union of India Represented by its Secretary, Ministry of Law and Justice, New Delhi.

2. Review Committee on Prevention of Terrorism Act, 2002, Through its Secretary, Room No.246, Vigyan Bhavan Annexe, New Delhi.

3.Paranthaman

...Respondents

Prayer:Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, quashing the order of the 2nd respondent dated 15.04.2005 in reference No.1/25/RCPT/2003 in connection with case in E4 Abiramapuram P.S. Cr.No.1417/2002, now pending trial on the file of the Special Court constituted under the Prevention of Terrorism Act, 2002, Chennai at Poonamallee in Spl.C.C.No.4/2003 finding that there is no prima facie case to proceed against the third respondent.

For Petitioner : Mr.U.Bharanidharan, Additional Government Pleader For Respondents : R1 and R2 - No appearance Mr.R.Sunil Kumar for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition was filed by the Assistant Commissioner of Police challenging the decision taken by the Review Committee constituted under the Prevention of Terrorism Act, 2002 (POTA) discharging the 3rd respondent on the ground that no prima facie case has been made out against him.

2.The relevant enactment viz., POTA was repealed with effect from 21.09.2004 and had lapsed from 24.10.2004. 3.In view of the same, nothing survives in this Writ Petition. Accordingly, this writ petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar dsa To

1. The Secretary, Union of India Ministry of Law and Justice, New Delhi.

2. The Secretary, Review Committee on Prevention of Terrorism Act, 2002, Room No.246, Vigyan Bhavan Annexe, New Delhi.

+1cc to the Government Pleader, S.R.No.33568 W.P.No.16481 of 2005 CA(CO) RGA(21/06/2022) https://hcservices.ecourts.gov.in/hcservices/