Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Drug Offenders Goondas Immoral Traffic Offenders and Land Grabpers Act 1986 Dacoits Andhra Pradesh Prevention of Dangerous Activities of Bootleggers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas Immoral Traffic Offenders and Land Grabpers Act, 1986: s.3 - Detention order passed by Government for a period of 12 months - Propriety of - Held: An order of detention should in the first instance be in force for a period of three months - Government is, however, conferred with the power to extend the period beyond three months - Such extension however, cannot be for period exceeding three months - In the instant case, the Government erred in directing detention of husband of the appellant for a period of 12 months in one stroke ignoring the legislative intention that even the order of extension of detention must not exceed three months at one time. s. 3 - Detention order - Normally, a person who is detained under the provisions of the Act is facing trial which in other words amounts to curtailment of his liberties and denial of civil rights - In such cases, whether continuous detention of such person is necessary or not, is to be assessed and reviewed from time to time - Detention, in the instant case, for about seven months at a stretch without periodical review was, therefore, not sustainable - Constitution of India, 1950 - Article 22. Writ jurisdiction: Writ of habeas corpus - Duty of court to entertain - Technical lapse in framing writ petition - Held: Even though the petition is not properly framed and appropriate relief is not sought, the Writ Court is expected to go into the issue and decide on merits - Normally, in such matters where liberty of a person is at stake, Courts would take a liberal approach in the procedural aspects. Interpretation of statutes: Deviation from prescribed procedure - Held: Where the law prescribes a thing to be done in a particular manner following a particular procedure, it shall be done in the same manner following the provisions of law, without deviating from the prescribed procedure. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 380 |
Petitioner | Cherukuri Mani W/o Narendra Chowdari |
Respondent | The Chief Secretary, Government Of Andhra Pradesh & Ors. |
SCR | [2014] 6 S.C.R. 750 |
Judgement Date | 2014-05-08 |
Case Number | 1133 |
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