M. SUNDAR, M. NIRMAL KUMAR
Sangara Parameswari – Appellant
Versus
State of Tamilnadu, Rep. by its Secretary to Government, Prohibition and Excise Department, (Home) 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 records relating to the detenu''s detention order passed by the 2nd respondent BCDFGISSSV No.120/2022 dated 11.08.2022 and set aside the same and produce the detenue Venkatesan male aged about 26 years S/o.Sanjeevi, now detained in Central Prison, Puzhal before this Court and set him at Liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 11.08.2022 bearing reference BCDFGISSSV No.120/2022'' [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-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (
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 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 for a 'live and proximate link' between the grounds of detention and the purpose of detention, particularly in cases of unexplained....
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
The central 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 detent....
The main legal point established in the judgment is the requirement to establish a 'live and proximate link' between the grounds of detention and the purpose of detention, and the unacceptability of ....
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, and the unacceptability o....
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.
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 unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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