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2011 Supreme(SC) 369

MARKANDEY KATJU, S.S.NIJJAR, GYAN SUDHA MISRA
REKHA – Appellant
Versus
STATE OF T. NADU TR. SEC. TO GOVT. – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The validity of preventive detention orders is scrutinized, especially regarding the sufficiency and reliability of the material used to justify detention (!) (!) .

  2. Fundamental rights, particularly Articles 21 and 22 of the Constitution, are central to the analysis. The right to personal liberty (Article 21) is fundamental, and any exception under preventive detention must be narrowly construed, ensuring procedural safeguards are strictly followed (!) (!) .

  3. The procedural safeguards mandated by law are vital and must be strictly adhered to. Any deviation or technical lapse, such as lack of detailed information about similar cases or bail orders, can render a detention order illegal (!) (!) .

  4. The detention order cannot rely solely on bald or ipse dixit statements regarding the imminent release of the detainee on bail without concrete details of such bail cases, including dates, court orders, or case numbers (!) (!) .

  5. The existence of pending criminal cases and the availability of the ordinary law to address the alleged activities are significant considerations. If the ordinary law is sufficient, the use of preventive detention may be deemed unnecessary and illegal (!) (!) .

  6. The detention order must be based on material that indicates a real and imminent threat, and not merely suspicion or vague allegations. The subjective satisfaction of the detaining authority must be supported by reliable and specific evidence (!) (!) .

  7. The right to legal representation and the procedural requirements for detention are fundamental. Violations of these procedural safeguards can lead to the quashing of the detention order (!) (!) .

  8. The overall constitutional scheme emphasizes that preventive detention is an exception to the fundamental right to liberty and should be exercised within narrow limits, ensuring that it does not become a tool for arbitrary detention (!) (!) .

  9. When challenging a detention order, courts must examine whether the law was properly applied, whether procedural safeguards were followed, and whether the detention was justified based on reliable material, especially in relation to pending criminal proceedings or availability of the ordinary law (!) (!) .

  10. The ultimate aim is to safeguard civil liberties and prevent misuse of preventive detention laws, ensuring that such orders are only issued when absolutely necessary and supported by concrete, reliable evidence.


JUDGMENT :

MARKANDEY KATJU, J.

CRIMINAL APPEAL NO. 755 OF 2011

1. Heard learned counsel for the parties. This Appeal has come up in a reference made by a two Judge Bench of this Court by order dated 15.03.2011.

2. The detenu in this Appeal Ramakrishnan (whose wife Rekha has filed this Appeal) has been detained by a detention order dated 08.04.2010 passed under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, and Slum Grabbers and Video Pirates Act, 1982, on the allegation that he was selling expired drugs after tampering with the labels and printing fresh labels showing them as non-expired drugs. The habeas corpus petition filed by the wife of the detenu before the Madras High Court challenging the said detention order has been dismissed by the impugned order dated 23.12.2010. Hence, this Appeal.

3. Several grounds have been raised before us, but, in our opinion, this Appeal is liable to succeed on one ground itself, and hence we are not going into the other grounds.

4. The detention order reads as under :-

"No. 199/2010 Dated 08.04.2010

DETENTION ORDER

Whereas I, T
























































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