M. SUNDAR, M. NIRMAL KUMAR
Surendhar – Appellant
Versus
State of Tamilnadu, Represented by Secretary to Government, Prohibition & Excise Department, 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 records relating to the detention order dated 09.09.2022 passed by the second respondent in his proceedings No.C.O.C.No.37/2022 and quash the same and direct the respondents herein to produce the petitioner''s mother namely Sumithra, Wife of Sridhar aged about 40 years, who is presently undergoing detention in the Special Prison for Women, Thiruchirappalli, as Bootlegger before this Court and set her at liberty forthwith.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by son of a detenu assailing a ''preventive detention order dated 09.09.2022 bearing reference C.O.C.No.37/2022'' [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 impugned detention order has been made by second respondent.
2. Impugned detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-
The unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of detention and the purpose of detention, particularly in cases of unexplained....
The unexplained delay in making a preventive detention order can lead to the snapping of the live and proximate link between the grounds of detention and the purpose of detention, rendering the deten....
The main legal point established in the judgment is the requirement of a live and proximate link between the grounds of detention and the purpose of detention, and the impact of unexplained delay on ....
The unexplained delay between the grounds of detention and the purpose of detention is a crucial factor in assessing the validity of a preventive detention order.
The main legal point established in the judgment is the requirement for a live and proximate link between the grounds of detention and the purpose of detention, with a focus on examining unreasonable....
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of detention and purpose of detention in the context of preventive detention un....
Unexplained delay in establishing the live and proximate link between the grounds of detention and the purpose of detention can lead to the invalidation of a preventive detention order.
The main legal point established in the judgment is the requirement of a live and proximate link between the grounds of detention and the purpose of detention in the context of preventive detention o....
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