STATE OF TAMIL NADU AND ANR. versus C. SUBRAMANI AND ORS.

STATE OF TAMIL NADU AND ANR. versus C. SUBRAMANI AND ORS.

Unexplained delay must be demonstrably indifferent or callous to vitiate detention; the government adequately explained the chronology of events and delay; non-furnishing of documents relating to an unrelated case does not vitiate detention where detenu is not concerned and only a passing reference is made to such case.

Parties
Appellant: State of Tamil Nadu; Appellant: District Magistrate and Collector, Salem; Respondent: C. Subramani; Respondent: A. Vadivel alias Sundaravadivel; Respondent: M. Selvam
Jurisdiction
India
Judgment Date
08 September 1992
Procedural Posture
Criminal Appeal / Appeal Against Judgment and Order Dated 9.3.92 of the Madras High Court Quashing Detention Orders in W.p. Nos. 17506, 17507 and 17508 of 1991
Outcome
Appeals allowed. Orders of the Madras High Court quashing detention set aside. Detention orders upheld as valid.
Legal Topics
Preventive Detention, Delay in Considering Representations, Supply of Relevant Documents
Criminal Law Constitutional Law Preventive Detention Delay in Considering Representations Supply of Relevant Documents

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Parties

State of Tamil Nadu

Appellant

District Magistrate and Collector, Salem

Appellant

C. Subramani

Respondent

A. Vadivel alias Sundaravadivel

Respondent

M. Selvam

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Judgment and Order Dated 9.3.92 of the Madras High Court Quashing Detention Orders in W.p. Nos. 17506, 17507 and 17508 of 1991

Legal Issues

  1. 1 Whether unexplained delay in consideration of representation vitiates detention order
  2. 2 Whether non-furnishing of documents relating to a separate case (Cr. No.1026/1991) vitiates detention order

Ratio Decidendi

Unexplained delay must be demonstrably indifferent or callous to vitiate detention; the government adequately explained the chronology of events and delay; non-furnishing of documents relating to an unrelated case does not vitiate detention where detenu is not concerned and only a passing reference is made to such case.

Court Disposition

Appeals allowed. Orders of the Madras High Court quashing detention set aside. Detention orders upheld as valid.

Orders

  • Detention order dated 23.10.1991 against C. Subramani, A. Vadivel alias Sundaravadivel and M. Selvam, upheld.
  • State of Tamil Nadu and District Magistrate, Salem free to take appropriate action against detenues in accordance with law.