Basheer v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Basheer S/o.Musthafa ..
Petitioner Vs.
1.
The Secretary to the Government Home Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Huzur Road Coimbatore City Coimbatore - 18.
3.
The Superintendent of Police Central Prison - Coimbatore Coimbatore District.
4.
State rep. by its The Inspector of Police D-3, Podanur Police Station Coimbatore District.
.. Respondents Page Nos.1/4
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 29.07.2022 on the file of the second respondent herein made in proceedings Memo C.No.44/G/IS/2022, quash the same as illegal and consequently, direct the respondents herein to produce the petitioner's son namely, B.Abubakker Siddiq, S/o.Basheer aged 28 years before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore. For Petitioner :
Mr.W.Camyles Gandhi For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Mr.W.Camyles Gandhi, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor are before us.
2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6061 Home, Prohibition and Excise (XII) Department.
Page Nos.2/4
3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition.
4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 06.03.2023 Index : Yes / No Speaking / Non-speaking mk To 1.
The Secretary to the Government Home Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.
2.
The Commissioner of Police / Detaining Authority Huzur Road, Coimbatore City Coimbatore - 18.
3.
The Superintendent of Police Central Prison - Coimbatore Coimbatore District.
4.
State rep. by its The Inspector of Police D-3, Podanur Police Station Coimbatore District.
5.
The Public Prosecutor High Court, Madras.
Page Nos.3/4
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 06.03.2023 Page Nos.4/4