Allahabad High Court
Yusuf Malik vs Union Of India And 3 Others on 18 April, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- HABEAS CORPUS WRIT PETITION No. - 558 of 2022 Petitioner :- Yusuf Malik Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Nasira Adil,Sr. Advocate Counsel for Respondent :- A.S.G.I.,G.A.,Raj Kumari Devi Hon'ble Rahul Chaturvedi,J.
Hon'ble Gajendra Kumar,J.
1. Heard Mr. Ashutosh Tiwari, learned counsel for the petitioner, Mrs. Raj Kumari Devi, learned counsel for the respondent No.1-Union of India, Mr. Ghanshyam Kumar, learned counsel for the respondent Nos.2, 3 & 4 and perused the record.
2. From the perusal of the record, it is clear that the present writ petition was filed way back on 21.07.2022 before the J.R. (J) (Computer), and since then the matter was kept pending for one reason or the other.
3. During the pendency of the aforesaid Habeas Corpus Writ Petition, the petitioner approached the Hon'ble Apex Court invoking the powers under Article 32 of the Constitution of India by way of filing writ petition i.e. Writ Petition(s) (Criminal) No(s). 16/2023 (Yusuf Malik Vs. Union of India & Ors.) and Hon'ble Apex Court vide order dated 11.04.2023 pleased to allow the same and has observed as under:-
"We find no element present in the case of for exercise of this power of detention and extension of detention and have no hesitation in quashing the proceedings under the said Act as wholly without any basis. It is a clear case of non application of mind of all the authorities concerned. We have already noticed that petitioner had already obtained bail in respect of the offences charged. We thus allow the writ petition in the aforesaid terms directing that the petitioner should be set at liberty forthwith. Information be sent to the District Jail Rampur, Uttar Pradesh, immediately.
The writ petition accordingly stands allowed. IA No.39293/2023 seeking additional prayer also stands allowed.
NEW DELHI Sd/= 11th April, 2023 Sd/=
4. Under these circumstances where the Hon'ble Apex Court has already quashed the detention order and repeated extension of detention and quashed the entire proceeding, nothing further remains to be adjudicated in the matter. Therefore, the instant writ petition stands allowed.
5. Detention order dated 24.04.2022 passed by the District Magistrate, Moradabad under Section 32 of the National Security Act, 1980 as well as order dated 01.06.2022 passed by the State Government is hereby quashed.
6. It is provided that the petitioner is set at liberty until and unless it is not wanted in some other criminal cases.
Order Date :- 18.4.2023 Sachin/