Mon Nov 18 17:00:05 UTC 2024: ## Tamil Nadu Government Scrutinizes Preventive Detention Orders
**Chennai, November 18, 2024** – The Tamil Nadu government does not automatically approve all preventive detention orders, the Madras High Court heard on Monday. State Public Prosecutor Hasan Mohamed Jinnah revealed that the Home Secretary recently rejected at least four such orders issued by Collectors and Commissioners of Police.
The revelation came during a hearing on a petition filed by the Home Secretary seeking clarification on a June 30, 2023, court order mandating counter-affidavits in habeas corpus petitions challenging preventive detention. While affirming the government’s commitment to filing these affidavits, the SPP explained that the Home Department cannot address aspects like subjective satisfaction and imminent threat to public order – elements central to the detention orders. These, he argued, are the responsibility of the detaining authority.
The court was informed that preventive detention orders under the Goondas Act are only valid for 12 days unless approved by the state government. The Division Bench, comprising Justices R. Suresh Kumar and K.K. Ramakrishnan, clarified that going forward, either the detaining authority or the Home Department must address the justification for detention in the counter-affidavit.
First Piper 