Supreme Court of India · 2014-05-08
Cherukuri Mani vs Chief Secr.,Govt.Of A.P.& Ors
- Court
- Supreme Court of India
- Petitioner
- Cherukuri Mani
- Respondent
- Chief Secr.,Govt.Of A.P.& Ors
- Author
- N.V. Ramana
- Bench
- N.V. Ramana, Ranjana Prakash Desai
Judgment text excerpt
The Supreme Court held that the preventive detention order under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, was improperly upheld by the High Court. The Court emphasized that the High Court should have examined the merits of the habeas corpus petition, especially given the liberty of the individual at stake, and noted that the detention period exceeded the statutory limit of three months as per Section 3 of the Act and violated Clause (4)(a) of Article 22 of the Constitution. The Court set aside the High Court's order and directed a fresh consideration of the petition.