Bheerkhan vs State Of Tamil Nadu on 26 August, 2010

       

  

  

 
 
 IN THE  HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.08.2010

CORAM:

THE HON'BLE MR.JUSTICE M. CHOCKALINGAM

AND

THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN

HCP. No.742 of 2010



Bheerkhan							... Petitioner

	Vs.

1. State of Tamil Nadu,
    rep. by its Secretary to
		Government,
    Home, Prohibition and
	Excise Department,
    Fort St. George,
    Chennai  9.

2. The Commissioner of Police,
    Salem City, Salem District.                      	... Respondents

		Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to call for the entire records culminating the passing of the order of detention of the petitioner's son by name Taj @ Tajudeen, aged about 27 years, S/o Beerkan under Act 14/1982 vide detention order in C.M.P. No.42/Goonda/Salem City/2009 dated 29.7.2009 on the file of the second respondent and quash the same as illegal and consequently direct the respondents herein to produce the body and person of the detenu Taj @ Tajudeen, son of Bheerkan from Central Prison, Salem before this Court and thereafter set him at liberty.
		



		For Petitioner	:   Mr. M. Sankar

		For Respondents	 :  Mr. V.R. Balasubramaniam,
					    Additional Public Prosecutor

		   			 
O R D E R

(Order of the Court was made by M. CHOCKALINGAM,J)

It is brought to the notice of this Court that the order of detention was passed against the detenu on 29.7.2009, which was to be in force for a period of one year. The said period is already over. In such circumstances, there is no meaning in keeping this petition pending and the habeas corpus petition is disposed of accordingly.

ssa.

To

1. The Secretary to Government,
The State of Tamil Nadu,
Home, Prohibition and
Excise Department,
Fort St. George,
Chennai 9.

2. The Commissioner of Police,
Salem City,
Salem District