STATE OF TAMIL NADU AND ANR. versus R. SASIKUMAR

STATE OF TAMIL NADU AND ANR. versus R. SASIKUMAR

The High Court erred in quashing the detention order based on presumption of receipt of representation by the detaining authority and the issue of making representation to the Advisory Board arises only after detention is ordered and served; incidents leading to detention were not stale.

Source-derived case information.

Parties
Appellant: State of Tamil Nadu and Another; Respondent: R. Sasikumar
Jurisdiction
India
Judgment Date
09 July 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed; order of the High Court quashing detention set aside.
Legal Topics
Detention Orders, Representation Before Detention, Tamil Nadu Prevention of Dangerous Activities Act, Article 22(5) Constitution
Preventive Detention Criminal Law Detention Orders Representation Before Detention Tamil Nadu Prevention of Dangerous Activities Act Article 22(5) Constitution

Source-derived case record

Summary, issues, holding and outcome

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Parties

State of Tamil Nadu and Another

Appellant

R. Sasikumar

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court was correct in quashing the detention order on presumption of receipt of representation.
  2. 2 Whether a representation made before passing of detention order must be considered by the detaining authority.
  3. 3 Whether incidents referenced in the detention order were too stale to justify detention.

Ratio Decidendi

The High Court erred in quashing the detention order based on presumption of receipt of representation by the detaining authority and the issue of making representation to the Advisory Board arises only after detention is ordered and served; incidents leading to detention were not stale.

Court Disposition

Appeal partly allowed; order of the High Court quashing detention set aside.

Orders

  • High Court order quashing detention is set aside.
  • State Government and detaining authority to consider if there is any need to detain respondent for remainder of period.