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HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, M.JOTHIRAMAN, JJ
Rekha – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. preventive detention is challenged. (Para 1) |
| 2. court assesses the sufficiency of grounds for detention. (Para 2 , 3 , 4) |
| 3. court orders release of the detainee. (Para 5) |
ORDER
The preventive detention order passed by the second respondent dated 04.10.2024 is sought to be quashed in the present habeas corpus petition.
3. The impugned detention order has been issued based on four adverse cases and the ground case.
2019, 2021, 2022 and 2023 and have no proximity with the ground case. The ground case is a case of attempt of murder on account of certain personal disputes. Such nature of cases can be dealt with by the Police Authorities under the ordinary law. Therefore, we are of the considered opinion that the element of likelihood of causing breach of public order is missing and the subjective assessment as made by the detaining Authority is not in consonance with the provisions of the Act 14 of 1982.
04.10.2024 is hereby set aside and the Habeas Corpus Petition is allowed The detenu viz., Nivaskumar @ Solai Nivas, aged 24 years, S/o. Moorthy confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless he is required in connection with a
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