SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(MAD) 16993

HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, J
E.JOTHI LAKSHMI – Appellant
Versus
STATE OF TAMILNADU REP.BY – Respondent


ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The order of detention passed by the Commissioner of Police, Greater Chennai in proceedings No.457/BCDFGISSSV/2024 dated 06.05.2024, is sought to be quashed in the present Habeas Corpus Petition.

2.The impugned order of detention has been issued by the Commissioner of Police, Greater Chennai. Admittedly, there is no adverse case against the detenue as per the detention order. However, it is admitted that there is a delay of three days in considering the representation submitted on behalf of the detenue and therefore, the order of detention is not inconsonance with the legal principles settled by the Hon'ble Supreme Court of India.

3.Strict application of procedure is to be followed in preventive detention cases. Even a small lapse will end in favour of the detenue and this being the strict construction to be made in the preventive detention cases, this Court is of the considered opinion that the detenue is entitled for the relief. Personal liberty being hallmarked and a valuable fundamental right, its infringement has been viewed seriously by the constitutional Courts time and again. The delay in considering the representation

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top