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july 2008

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.

STATE OF TAMIL NADU vs R. SASIKUMAR · Niyam