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february 2001

Supreme Court of India · 2001-02-20

STATE OF TAMIL NADU vs BALASUBRAMANIAM

Citation / case number
SC 2000/13254
Court
Supreme Court of India
Petitioner
STATE OF TAMIL NADU
Respondent
BALASUBRAMANIAM
Author
S.N. VARIAVA. M.B. SHAH
Bench
S.N. VARIAVA. M.B. SHAH

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the detention order dated 7th April 1999 on the grounds of non-provision of documents related to six cases, while the detaining authority relied on only four occurrences. The Court emphasized that the detaining authority must apply its mind, and the High Court failed to recognize that the detention order did not imply four distinct occurrences. The Court set aside the High Court's order, noting that the period of detention had already lapsed, and thus the detenu should not be required to surrender for any remaining period of detention.

STATE OF TAMIL NADU vs BALASUBRAMANIAM · Niyam