VEERAMANI versus STATE OF TAMIL NADU

VEERAMANI versus STATE OF TAMIL NADU

Under the Tamil Nadu Prevention of Dangerous Activities Act, a representation for revocation of a detention order must be made to the State Government, which has the power to approve or revoke, and not to the detaining authority itself. Once the detention order is approved by the Government, the power reserved by the General Clauses Act is no longer exercisable by the detaining authority. Serving grounds within 5 days meets the statutory requirement, and the detention of a person already in custody is valid if there is imminent possibility of release and engagement in prejudicial activities.

Parties
Petitioner: Veeramani; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
04 February 1994
Procedural Posture
Writ Petition (criminal), Special Leave Petition (criminal) / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Preventive Detention, Representation for Revocation of Detention, Approval and Revocation of Detention Orders, Interpretation of 'as Soon as May Be'
Constitutional Law Criminal Law Preventive Detention Representation for Revocation of Detention Approval and Revocation of Detention Orders Interpretation of 'as Soon as May Be'

Case Brief

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Parties

Veeramani

Petitioner

State of Tamil Nadu

Respondent

Procedural Posture

Writ Petition (criminal), Special Leave Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether the detainee is entitled to make a representation to the detaining authority under Article 22(5) of the Constitution or only to the State Government
  2. 2 Whether the detention order is valid when the detaining authority is aware the detainee is in custody and might be released on bail
  3. 3 Whether delay in serving grounds of detention vitiates detention

Ratio Decidendi

Under the Tamil Nadu Prevention of Dangerous Activities Act, a representation for revocation of a detention order must be made to the State Government, which has the power to approve or revoke, and not to the detaining authority itself. Once the detention order is approved by the Government, the power reserved by the General Clauses Act is no longer exercisable by the detaining authority. Serving grounds within 5 days meets the statutory requirement, and the detention of a person already in custody is valid if there is imminent possibility of release and engagement in prejudicial activities.

Court Disposition

Petitions dismissed

Orders

  • Writ Petition (Crl.) No. 364/93 and S.L.P. (Criminal) No. 2685/93 are dismissed