LAW FOR ALL

PD Act sec.3 - Detention order more than 3 months and for 12 months at a stretch - not valid - when habeas corpus writ filed - High court dismissed the same with cryptic order with out going into the merits of the case - Apex court held that Undisputedly, the detenu was detained on 5th October, 2013 which means that he remained under detention for about seven months at a stretch without any periodical review as envisaged by law. We are, therefore, of the considered opinion that the detention order passed by the Government of Andhra Pradesh in this case is in contravention to the provisions of law. On this ground alone, without going into other issues, we thought this appeal has to be allowed and the order of detention has to be quashed. We accordingly allow the appeal quashing the detention order issued by the Government of Andhra Pradesh and setting aside the impugned judgment of the High Court. The detenu shall be set at liberty forthwith.= CHERUKURI MANI … APPELLANT W/O NARENDRA CHOWDARI VERSUS THE CHIEF SECRETARY, GOVERNMENT OF … RESPONDENTS ANDHRA PRADESH & ORS.= 2014(May. Part ) http://judis.nic.in/supremecourt/filename=41522