Supreme Court of India · 2004-10-11
State Of T.N. & Anr vs Kethiyan Perumal
- Citation / case number
- AIR 2005 SUPREME COURT 160
- Court
- Supreme Court of India
- Petitioner
- State Of T.N. & Anr
- Respondent
- Kethiyan Perumal
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the Madras High Court erred in quashing the detention order under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, as it failed to consider the Forest Officer's report which indicated that the detenu's activities were prejudicial to public order. The Court emphasized that the grounds for detention are separable under Section 5A of the Act, and even if one ground fails, the detention can still be upheld based on residual grounds. The Court reinstated the detention order, highlighting the importance of the confessional statement and the factual context surrounding the detenu's activities.