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Madras High CourtHCP/643/2024dismissed as infructuous

Parveen Banu v. The Secretary To Government

2024-07-05Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Parveen Banu ... Petitioner/wife of the detenue Vs.

1.State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Detaining Authority, Coimbatore City, Coimbatore District.

3.The Superintendent of Prison, Central prison-Coimbatore, Coimbatore District.

4.State rep. by tis The Inspector of Police, D-2 Selvapuram Police Station, Coimbatore District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 06.03.2024 on the file of the second respondent herein made in proceedings Memo C.No.21/G/IS/2024, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's husband namely A.Nisharudeen @ Karumi Nishar, S/o.Amanullah, aged about 32 years before this Court and set him at liberty from detention, the petitioner's husband is now confined at Central Prison, Coimbatore. For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the wife of the detenu viz., A.Nisharudeen @ Karumi Nishar, S/o.Amanullah, aged about 32 years, confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 06.03.2024 slapped

on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982]. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 06.03.2024 has been revoked by the Government in G.O.Rt.No.2247, Home, Prohibition and Excise (XII) Department, dated 15.04.2024 and he has also produced a copy of the said order. 3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 05.07.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Detaining Authority, Coimbatore City, Coimbatore District.

3.The Superintendent of Prison, Central prison-Coimbatore, Coimbatore District.

4.The Inspector of Police, D-2 Selvapuram Police Station, Coimbatore District.

5.The Public Prosecutor, High Court, Madras.

05.07.2024