V.Latha v. State Rep by
Case brief
What is this about?
High Court allowed habeas corpus petition quashing preventive detention order due to unexplained delay between arrest and order violating live and proximate link requirement under Sushanta Kumar Banik guidelines.
What did the court decide?
Impugned preventive detention order set aside and detenu directed to be set at liberty forthwith if not required in any other case.
What the court decided
H.C.P.No.1219 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.No.1219 of 2023
V.Latha
.. Petitioner
Vs
- 1.State Rep. By its
- Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai – 9.
- 2.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai – 07.
Issues for consideration
1 issue framed by the court
Whether delay between arrest and detention order constitutes unexplained delay vitiating subjective satisfaction under banik precedent
Parties & counsel
- petitioner
V.Latha
- respondent
State Rep.
Coram
M.SUNDAR
Case details
As recorded by the court registry
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