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R. SURESH KUMAR, K. K. RAMAKRISHNAN
Velammal – Appellant
Versus
State of Tamil Nadu, rep. , by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department – Respondent
ORDER :
K.K.RAMAKRISHNAN, J.
PRAYER in HCP(MD)1076/2022: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by calling for the records relating to the Detention Order passed by the 2nd respondent in M.H.S.Confdl.No.84/2022 dated 08.06.2022 and to quash the same and direct the respondents to produce the person or body of the detenu, Asaithambi, son of Kaliappan, aged about 28 years, to be detained at Central Prison, Palayamkottai, who is now detained in District Prison, Perurani, Thoothukudi District, before this Court and set him at liberty.
Prayer in HCP(MD)1085/2022: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by calling for the records relating to the Detention Order passed by the 2nd respondent in M.H.S.Confdl.No.85/2022 dated 08.06.2022 and to quash the same and direct the respondents to produce the person or body of the detenu, Alexkumar @ Alex, son of Chellaiah, aged about 25 years, to be detained at Central Prison, Palayamkottai, who is now detained in District Prison, Perurani, Thoothukudi District, before this Court and set him at liberty.
PRAYER in HCP(MD)1086/2022: Petition file
The main legal point established in the judgment is the interpretation and application of Section 8(1) of Act 14 of 1982, which mandates the communication of grounds of detention to the detenu within....
Failure to inform detained individuals of their arrest and not supplying documents does not automatically invalidate detention under preventive law unless it hinders effective legal representation.
The gravity and nature of the act are relevant in determining the necessity of detention under the Acts.
The impairment of subjective satisfaction and non-application of mind in the grounds of the impugned preventive detention orders led to the dislodgement of the orders, emphasizing the importance of u....
The main legal point established in the judgment is the importance of upholding the detenu's rights, including adequate notice for hearings, provision of necessary legal documents, and consideration ....
Expression “compelling reasons” in context of making an order for preventive detention of a person already in custody implies that there must be cogent materials before detaining authority.
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