Abstract
This paper examines the delays in the adjudication of habeas corpus petitions in preventive detention cases by the Madras High Court. Preventive detention, an extraordinary measure authorized under Indian law, poses significant threats to personal liberty. Drawing on a dataset of 7,448 cases spanning 22 years (2000–2022), the study evaluates the court’s efficiency in handling such petitions. Key findings reveal that the court takes an average of 141 days to dispose of a petition, with detenus spending an average of 181 days in detention before their release. Alarmingly, in 30 cases, the maximum detention period lapsed while the petitions were pending, and in 722 cases, detention orders were revoked by the government before judicial resolution. The paper underscores the urgent need for expedited judicial processes, self-monitoring mechanisms, and compensation for illegal detentions to safeguard personal liberty. The study also calls for similar analyses of other High Courts to identify systemic trends.
Recommended Citation
Bhardwaj, Shrutanjaya
(2024)
"Empirical Study: Delay at the Madras High Court in Preventive Detention Cases,"
National Law School of India Review: Vol. 35:
Iss.
1, Article 3.
DOI: 10.55496/QERK1890
Available at:
https://repository.nls.ac.in/nlsir/vol35/iss1/3
Digital Object Identifier (DOI)
10.55496/QERK1890
