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The Secretary to Government, Public (Law and Order-F) Vs. Nabila [09/12/14]

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[Criminal Appeal No. 2545 of 2014 arising out of SLP (Criminal) No.4199 of 2013]. By way of present appeal by special leave, Secretary to the Government of Tamil Nadu, Public (Law and Order-F) Department, Chennai has assailed the Order dated 26.4.2013 passed by the Division Bench of the Madras High Court at Madurai Bench by which order of detention passed by the appellant under Section 3 (1)(a)of the National Security Act 1980 has been quashed. The respondent-writ petitioner, being the wife of the detenu, by way of Habeas Corpus Petition before the High Court, challenged the detention order mainly on the ground that the detenu was detained on the solitary ground case and the sponsoring authority has failed to place any material before the detaining authority to show that either the detenu himself or his relatives have taken any step to file bail application in a solitary ground case. The High Court held that the satisfaction arrived at by the detaining authority that there is real or imminent possibility of the detenu being enlarged on bail is vitiated in law.

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