S. M. SUBRAMANIAM, R. SAKTHIVEL
Russia – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition & Excise Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the second respondent in No. 520/BCDFGISSSV/2024 dated 16.05.2024 and quash the same and direct the respondents to produce the body and person of detenu namely Munna S/o. John Basha aged 22 years detained in Central Prison, Puzhal, Chennai before this Court and set at liberty.
The impugned order of detention passed by second respondent in proceedings No. 520/BCDFGISSSV/2024 dated 16.05.2024 is sought to be quashed in the present habeas corpus petition.
2. The learned Counsel appearing on behalf of the petitioner would mainly contend that there was a delay in considering the representation submitted by the detenue under Act 14 of 1982.
3. Delay in considering the representation is vital, more specifically in preventive detention cases. The detention power conferred under Act is extremely powerful and that have the ability to confer arbitrary power to the State. In such circumstances, where there is a possibility of an unfattered discretion of power by the Government, the Court must analyse
Procedural adherence in preventive detention is crucial; any delay in representation consideration violates personal liberty under Article 21.
Timely consideration of representations in preventive detention is crucial to uphold individual liberties as mandated by the Constitution.
Timely consideration of representations in preventive detention is crucial to uphold individual liberties and prevent arbitrary state action.
The court established that delays in the consideration of representations in preventive detention cases infringe upon the right to personal liberty, necessitating strict compliance with procedural sa....
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty and can invalidate detention orders.
Procedural adherence in preventive detention is crucial to safeguard individual liberties, and any delay in representation consideration can lead to quashing of detention orders.
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty under Article 21.
Procedural safeguards in preventive detention are crucial to protect individual liberties, and any delay in considering representations can invalidate detention orders.
Procedural lapses in preventive detention, such as delays in representation consideration, infringe on personal liberty and invalidate detention orders.
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty and can invalidate detention orders.
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