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Supreme Court of India 2016-11-17 dismissed

E. Subbulakshmi vs Secretary to Government & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A mother challenged the preventive detention of her son under the Tamil Nadu Act of 1982 (for anti-social activities including goondaism). The High Court had rejected her initial petition. The Supreme Court examined five grounds of challenge in the special leave petition: absence of detention period specification, non-intimation to family, reliance on an unsigned confession, illegible F.I.R., and non-supply of a Government order. The Court held that each ground lacked merit: the detention period was specified as 12 days initially and up to 12 months on confirmation; family intimation by registered post and phone was substantially compliant; the unsigned confession was not the sole basis for detention; the illegible F.I.R. was only referred to, not relied upon; and the Government order was merely an authorization document, not a grounds document. The petition was dismissed.

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Preventive Detention Criminal Procedure Constitutional Law

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