DARPAN KUMAR SHARMA @ DHARBAN KUMAR SHARMA versus STATE OF TAMIL NADU AND ORS.
Preventive detention under the Tamil Nadu Prevention of Dangerous Activities Act, 1982 is not justified on a solitary instance of robbery; there was no material to show such act disturbed public order as required by the statute.
- Parties
- Petitioner: D.K. Sharma; Respondent: State of Tamil Nadu
- Jurisdiction
- India
- Judgment Date
- 20 January 2003
- Procedural Posture
- Writ Petition (criminal) No. 87/2002 (under Article 32 of the Constitution of India) / Final Disposition
- Outcome
- Petition allowed; prevention detention order quashed.
- Legal Topics
- Preventive Detention, Right to Life and Liberty, Public Order, Robbery, Detention Under Special Statutes
Case Brief
Summary, issues, holding and outcome
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Parties
D.K. Sharma
Petitioner
State of Tamil Nadu
Respondent
Procedural Posture
Writ Petition (criminal) No. 87/2002 (under Article 32 of the Constitution of India) / Final Disposition
Legal Issues
- 1 Whether a solitary instance of robbery justifies preventive detention under the Tamil Nadu Prevention of Dangerous Activities Act, 1982 for maintenance of public order
- 2 Violation of Articles 21 and 22(5) of the Constitution by detention order
Ratio Decidendi
Preventive detention under the Tamil Nadu Prevention of Dangerous Activities Act, 1982 is not justified on a solitary instance of robbery; there was no material to show such act disturbed public order as required by the statute.
Court Disposition
Petition allowed; prevention detention order quashed.
Orders
- Detenu (petitioner) to be released forthwith unless required to be detained under any other law.
Full Case Text
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