M. SUNDAR, M. NIRMAL KUMAR
Ramya – Appellant
Versus
Secretary to Government Government of Tamil Nadu (Home) 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 impugned order C3/D.O.No.92/2022 dated 18.09.2022 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce namely, Arunachalam, S/o.Karuppan aged 26 years, now confined at Central Prison, Vellore before this Hon''ble Court and set him at liberty.)
M. Sundar, J.
Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by friend of the detenu assailing a ''preventive detention order dated 18.09.2022 bearing reference C3/D.O.No.92/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fifth 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 order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabber
Unexplained delay in making a preventive detention order is unacceptable.
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 categorization of unexplained d....
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 preventive detention cases, and the s....
The main legal point established in the judgment is the requirement of a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, with a focus on examining ....
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....
Unexplained delay in making a preventive detention order can lead to a lack of a live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order i....
The main legal point established in the judgment is that unexplained delay in the collection of materials for a preventive detention order can render the detention invalid, and that preventive detent....
The 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and unexplained delay in making a preventive detention order renders it unacceptable.
The main legal point established in the judgment is the requirement of a live and proximate link between the grounds of preventive detention and the purpose of detention, emphasizing the importance o....
The main legal point established in the judgment is that an unexplained delay in making a preventive detention order can lead to the snapping of the 'live and proximate link' between the grounds of d....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.