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M. SUNDAR, M. NIRMAL KUMAR
Kalaiselvi – Appellant
Versus
Secretary to the Government of Tamil Nadu (Home) Prohibition & Excise Dept. , Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records connected with the order of the 2nd respondent herein in D.O.No.C2/51/2022 dated 15.09.2022 passed against the petitioner''s husband the detenu namely Mani, son of Lakshmanan, aged about 44 years as a "GOONDA" who is confined at Central Prison, Cuddalore and set aside the same and consequently, directing the respondents herein to produce the body and person of the detenu before this Hon''ble Court and set him at liberty forthwith.)
M.SUNDAR, J.,
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of the detenu assailing a ''preventive detention order dated 15.09.2022 bearing reference D.O.No.C2/51/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as the impugned detention order has been made by second respondent.
2. Impugned detention
The delay in considering representation in preventive detention cases cannot be decided quantitatively but qualitatively based on the facts and circumstances of each case.
The delay in considering the representation point in challenges to preventive detention orders cannot be decided quantitatively, but has to be decided qualitatively based on the facts, circumstances,....
Delay in considering a representation regarding a preventive detention order can vitiate the detention order and must be decided qualitatively based on the facts and circumstances.
The delay in considering the representation against preventive detention orders must be decided qualitatively based on the facts and circumstances, and a delay of four days was found to vitiate the i....
The delay in considering the representation against preventive detention orders must be decided qualitatively based on the facts and circumstances, and a delay of four days was found to vitiate the i....
The delay in considering a representation against a preventive detention order, which vitiates the impugned detention order.
The delay in considering the representation against a preventive detention order can vitiate the impugned detention order if it infringes the detenu's rights.
The delay in considering the representation point in challenges to preventive detention orders cannot be decided quantitatively but qualitatively based on the facts, circumstances, and the trajectory....
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