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S. M. SUBRAMANIAM, V. SIVAGNANAM
A. Kamala – Appellant
Versus
State, Rep. by Secretary to Government, Home, Prohibition and Excise Department – Respondent
ORDER :
S.M. Subramaniam, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, calling for the records relating to the Detention Order passed by the 2nd respondent on 12.05.2024 in No.495/BCDFGISSSV/2024 and to quash the same and direct the respondents to produce the body of the detenue Shankar @ Savukku Shankar S/o. Achimuthu, aged about 48 years, before this Court and set him at liberty, now detained at Central Prison, Coimbatore.]
Table of Contents
| I. | FACTUAL MATRIX |
| II. | SUBMISSION ON BEHALF OF THE PETITIONER |
| III. | REPLY ON BEHALF OF THE RESPONDENTS |
| IV | LEGAL POSITION |
| V. | DISCUSSIONS |
| (A) MALICE | |
| (B) BALANCE BETWEEN INDIVIDUAL RIGHTS AND PUBLIC ORDER | |
| (C) FREEDOM OF SPEECH AND EXPRESSION | |
| (D) CRITICISM AND UNFAIR OPINION | |
| (E) SOCIAL MEDIA AND HUMAN MIND IN TANDEM WITH FREEDOM OF SPEECH | |
| VI. | REGULATIONS – THE NEED OF THE HOUR |
| VII. | FREEDOM OF PRESS |
| VIII. | CONCLUSION |
I. FACTUAL MATRIX:
Under assail in the present writ petition is the detention order passed by the Commissioner of Police, Greater Chennai
Preventive detention requires a clear demonstration of how actions disturb public order, not merely law and order, with timely issuance reflecting genuine concern for community safety.
The main legal point established is that preventive detention should be based on a genuine threat to public order, and the detaining authority must consider vital facts, including the release on bail....
Preventive detention should only be used in rare and exceptional cases where the activities of the detainee affect public order, and vital facts that could influence the detaining authority's decisio....
The main legal point established in the judgment is that preventive detention should not be a substitute for ordinary law, and the detaining authority must ensure legal and valid subjective satisfact....
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