M. SUNDAR, M. NIRMAL KUMAR
Ashwok – Appellant
Versus
Secretary to the Government Home, Prohibition and Excise Department Secretariat, 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 relating to the petitioner detention under Tamil Nadu Act 14 of 1982 vide detention order dated 08.07.2022 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.33/Goonda/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner,namely Ashwok, son of Lakshmanappa, aged 31 years before this Court and set the petitioner at liberty from detention, now the petitioner is detained at Central Prison, Coimbatore.)
M. Sundar, J.
Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the detenu assailing a ''preventive detention order dated 08.07.2022 bearing reference Cr.M.P.No.33/Goonda/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 Dangero
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 in preventive detention cases, partic....
Unreasonable and unexplained delay in making a preventive detention order can render it invalid, as it snaps the 'live and proximate link' between the grounds of detention and the purpose of detentio....
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....
The 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and unexplained delay in making a 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 detention and the purpose of detention, and the categorization of unexplained d....
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....
Unexplained delay between the grounds of detention and the purpose of detention rendered the impugned detention order unacceptable.
The unexplained delay between the date of remand in the ground case and the date of the impugned detention order led to the snapping of the 'live and proximate link' between the grounds of detention ....
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 of a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, with a focus on examining ....
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