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february 2000

Supreme Court of India · 2000-02-08

State Of T.N. And Anr. vs E. Thalaimalai And Anr.

Citation / case number
2001 SCC (CRI) 979
Court
Supreme Court of India
Petitioner
State Of T.N. And Anr.
Respondent
E. Thalaimalai And Anr.
Bench
K.T. Thomas, D.P. Mohapatra

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the detention order was erroneous as the report from the State Government, required under Section 3(5) of the National Security Act, 1980, was dispatched within the stipulated time, even though it reached the Central Government after 7 days. The Court referenced its prior decision in State of Manipur v. Sanasam Ongbi, establishing that timely dispatch is sufficient. The Court set aside the High Court's order and remitted the case for reconsideration of the Habeas Corpus Petition on other grounds, allowing the State to re-arrest the respondent during the proceedings.

State Of T.N. And Anr. vs E. Thalaimalai And Anr. · Niyam