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M. SUNDAR, R. SAKTHIVEL
Priya – Appellant
Versus
Additional Chief Secretary to Government (Home) Prohibition and Excise Department Government of Tamilnadu Tamilnadu Secretarial Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of direction to call for the records pertaining to the order of detention dated 08.04.2023 passed by the second respondent in C.O.C.No.31/2023 and quash the same and produce the detenu Stalin Bharathi, aged about 33 years, son of Natesa Tamilarvan detained at District Jail, Pudukottai before this Court and set him at liberty.
H.C.P.No.722 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of direction to call for the records pertaining to the order of detention dated 08.04.2023 passed by the second respondent in C.O.C.No.33/2023 and quash the same and produce the detenu Surya, aged about 25 years, son of Murugesh detained at District Jail, Pudukottai before this Court and set him at liberty.
H.C.P.No.723 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of direction to call for the records pertaining to the order of detention dated 08.04.2023 passed by the second respondent in C.O.C.No.35/2023 and quash the same and produce the detenu Arasu, aged about 20 years, son of Anbal
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 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 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 ....
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