S. M. SUBRAMANIAM, R. SAKTHIVEL
Valli – Appellant
Versus
Principal Secretary to the Government, Home, Prohibition and 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 records in connection with the order of Detention passed by the second respondent dated 18.05.2024 in Memo No. 49/BCDFGISSSV/2024 against the petitioner's Son Dilli Ganesh @ Thoppai Ganesh, Male aged 31 years S/o. Raj, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before the Court and set him at liberty.
The impugned order of detention passed by the second respondent in proceedings No.49/BCDFGISSSV/2024 dated 18.05.2024 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 discret
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty and can invalidate detention orders.
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....
Timely consideration of representations in preventive detention is crucial to uphold individual liberties as mandated by the Constitution.
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 and prevent arbitrary state action.
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty under Article 21.
Procedural lapses in preventive detention, such as delays in representation consideration, infringe on personal liberty and invalidate detention orders.
Procedural delays in preventive detention cases infringe on personal liberty rights, necessitating strict adherence to legal protocols.
Procedural safeguards in preventive detention are crucial to protect individual liberties, and any delay in considering representations can invalidate detention orders.
Timely consideration of representations in preventive detention cases is crucial to uphold individual liberties and prevent arbitrary state action.
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