S. M. SUBRAMANIAM, V. SIVAGNANAM
R. Arachelvi – Appellant
Versus
Secretary to Government, Government of Tamil Nadu – Respondent
ORDER :
(Order of the Court was made by 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 Memo No.505/BCDFGISSSV/2024 dated 14.05.2024 and direct the respondent to produce the detenue Rajendran, Male son of Samiayya detained as a Goonda at the Central Prison, Puzhal at Chennai under the Tamil Nadu Act 14 of 1982 before this Court and set him at liberty.
The order of detention passed by the Commissioner of Police, Greater Chennai in proceedings No.505/BCDFGISSSV/2024 dated 14.05.2024 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 mu
The court established that procedural delays in preventive detention cases violate constitutional rights and must be strictly scrutinized to protect individual liberties.
Procedural adherence in preventive detention is crucial to safeguard individual liberties, and any delay in representation consideration can invalidate detention orders.
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; 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....
Procedural adherence in preventive detention is crucial; delays infringe on personal liberty under Article 21.
Timely consideration of representations in preventive detention is crucial to uphold individual liberties and prevent arbitrary state action.
Procedural lapses in preventive detention, such as delays in representation consideration, infringe on personal liberty and invalidate detention orders.
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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