Nirmala v. State Rep by
Case brief
What is this about?
This petition challenged a detention order under Tamil Nadu Act 14 of 1982. The Court held that the 33-day unexplained delay between arrest and detention order snapped the live and proximate link, necessitating the quashing of the order.
What did the court decide?
The detention order D.O.No.90/2023-C2 dated 30.10.2023 is set aside; Habeas Corpus Petition is allowed; Detenu directed to be set at liberty forthwith unless required in connection with any other case
What the court decided
HCP.No.2155 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.2155 of 2023
Nirmala
... Petitioner/wife of the detenue
Vs.
1.The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate of Tiruvannamalai District, Tiruvannamalai.
3.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
Issues for consideration
2 issues framed by the court
Whether an unexplained and inordinate delay between arrest and detention order snaps the live and proximate link required under the relevant statute.
Whether the detention order passed with a delay of 33 days should be quashed due to lack of subjective satisfaction.
Parties & counsel
- petitioner
Nirmala
- respondent
The Secretary to the Government, Home Prohibition and Excise Department
Coram
M.S. RAMESH
Case details
As recorded by the court registry
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