Mrs.Divyabharathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.991 of 2016 Divyabharathi .... Petitioner vs.

1. The Secretary to Government Prohibition and Excise Department, Fort St.George Chennai 2.The Commissioner of Police, Egmore, Chennai ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the respondents to call for the records and quash the order passed by the 2nd respondent in BCDFGISSSV No.409/2016 dated 9.4.2016 and consequently direct the respondents herein to produce the body of the detenu, viz.,Jaffer, aged about 22 years, son of Abdul Waheed, before this Hon'ble Court and release him from Central Prison, Puzhal, Chennai and set him at liberty.

For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.V.M.R.Rajentren, APP

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, dated 9.4.2016, passed in BCDFGISSSV No.409/2016, by the detaining authority, who has been arrayed as the second respondent herein, against the detenu, by name Jaffer, son of Abdul Waheed and quash the same.

2. The learned Additional Public Prosecutor has represented that the detention order in question has already been revoked by the Government of Tamil Nadu, by virtue of G.O.Rt.No.2206, dated 18.05.2016, and a copy of the same has been submitted for perusal and actually this Court has perused the same and found that the detention order in question has already been revoked.

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3. Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous. In fine, this habeas corpus petition is dismissed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar msk To 1.Joint Secretary to Government Prohibition and Excise Department, Fort St.George Chennai-600 009

2. The Secretary to Government Prohibition and Excise Department, Fort St.George Chennai-600 009 3.The Commissioner of Police, Egmore, Chennai 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5. The Joint Secretary, Home, Prohibition and Excise Department Secretariat, Chennai 9 6.The Public Prosecutor, High Court, Madras CO-CNR ths : 19.10.2016 H.C.P.No. 991 of 2016 https://hcservices.ecourts.gov.in/hcservices/