Rehonabegam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2017

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1672 of 2016 Rehona Begam .. Petitioner Vs 1.The State Represented by Secretary to Government (Home) Prohibition and Excise Department Fort St. George Chennai - 600 009

2. The District Collector and District Magistrate Vellore District Vellore .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records in pursuant to the detention order issued by the 2nd respondent vide C3.D.O.No.42 of 2016 dated 26.07.2016 and set aside the same and consequentially direct the respondents to produce the detenu Basha S/o.Sherkhan aged about 30 years, husband of the petitioner, now confined at Central Prison, Vellore, before this Court and set him at liberty forthwith.

For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

(Order of the Court was made by M.JAICHANDREN,J.) This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Basha S/o.Sherkhan aged about 30 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in C3.D.O.No.42 of 2016 https://hcservices.ecourts.gov.in/hcservices/

dated 26.07.2016, passed by the second Respondent, detaining him, under Section 3(1) of 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), branding him as a "Goonda", in the Central Prison, Vellore and to quash the same and to direct the Respondents to produce him before the Court and set him at liberty forthwith. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the order of detention passed by the second respondent, against the petitioner, dated 26.07.2016, has been revoked by the Government, in G.O. Rt. No.4820, Home, Prohibition and Excise (IX) Department, dated 06.10.2016 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 infructuous. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gpa To 1.The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2. The District Collector and District Magistrate Vellore District Vellore 3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1672 of 2016 pk(co) ss(6/3/2017) https://hcservices.ecourts.gov.in/hcservices/