Back
M. SUNDAR, M. NIRMAL KUMAR
Rani – Appellant
Versus
Secretary to Government, Home, Prohibition & Excise Department, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the detention order passed by the 2nd respondent in No.47/BCDFGISSSV/2022 dated 31.05.2022 against petitioner''s son, the detenu herein, now confined in Central Prison for Men, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu Thiru.Arunselvam, S/o. Late Panneerselvam, aged 22 years, before this Court and set him at liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 31.05.2022 bearing reference 47/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. Impugned detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral tra
Delay in considering a representation regarding a preventive detention order can vitiate the detention order and must be decided qualitatively based on the facts and circumstances.
The delay in considering the representation point in challenges to preventive detention orders cannot be decided quantitatively, but has to be decided qualitatively based on the facts, circumstances,....
The delay in considering representation in preventive detention cases cannot be decided quantitatively but qualitatively based on the facts and circumstances of each case.
The delay in considering the representation against preventive detention orders must be decided qualitatively based on the facts and circumstances, and a delay of four days was found to vitiate the i....
The delay in considering the representation point in challenges to preventive detention orders cannot be decided quantitatively but qualitatively based on the facts, circumstances, and the trajectory....
The delay in considering the representation against preventive detention orders must be decided qualitatively based on the facts and circumstances, and a delay of four days was found to vitiate the i....
The delay in considering a representation against a preventive detention order, which vitiates the impugned detention order.
The delay in considering the representation against a preventive detention order can vitiate the impugned detention order if it infringes the detenu's rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
