Supreme Court of India · 2008-07-09
STATE OF TAMIL NADU vs R. SASIKUMAR
- Citation / case number
- SC 2000/12603
- Court
- Supreme Court of India
- Petitioner
- STATE OF TAMIL NADU
- Respondent
- R. SASIKUMAR
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,
Judgment text excerpt
The Supreme Court overturned the Madras High Court's decision quashing the detention order under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982. The Court held that the presumption of receipt of the representation by the Director General of Police was unfounded, as there was no evidence to support that the representation was sent to the detaining authority prior to the order. The Court emphasized that the absence of consideration of the representation by the detaining authority did not constitute a violation of Article 22(5) of the Constitution, leading to the dismissal of the appeal.