LI Network
Published on: January 3, 2024 at 00:12 IST
The Madras High Court recently issued a comprehensive set of procedures to be adhered to by the Advisory Board constituted under the Tamil Nadu Preventive Detention Act of 1982.
The Court, presided over by Justice R Suresh Kumar and Justice KK Ramakrishnan, emphasized the necessity of strict compliance with the established guidelines until the state frames a law under Article 22(7)(c) of the Constitution, which empowers the Parliament to prescribe procedures for the Advisory Board in considering a person’s detention.
The development arose from habeas corpus petitions challenging detention orders on the basis of alleged inadequate consideration by the Advisory Board regarding materials presented before it.
Upon review, the Court discovered that the Advisory Board provided minimal reasoning in its opinions, prompting a reassessment of its procedures in handling referred cases.
As per the Court’s directives, the Advisory Board must undertake several measures, including ensuring proper notice to the detenu and their family, addressing all representations received, allowing a reasonable hearing, considering specific documents referred to by the detenu or their family, recording proceedings with comprehensive reasons, and maintaining meticulous records for future reference and judicial review.
The Court highlighted the need for a timely constitution of an additional Advisory Board to prevent overburdening the existing one, safeguarding the constitutional rights of the detenus.
Furthermore, in the absence of legislation governing the Board’s conduct, the Court laid down mandatory procedures to avoid procedural irregularities and ensuing litigations.