M. SUNDAR, M. NIRMAL KUMAR
Radha – Appellant
Versus
Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and 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 calling for the entire records connected with the order of the second respondent herein concerned in CPT.No.44/2022 dated 12.08.2022 and quash the order of detention passed therein by the second respondent herein against the detenu and consequently directing the respondents herein to produce the body and person of the detenu by name Arumugam aged about 53 years, son of Sriram Pillai now detained at Central Prison, Puzhal, Chennai before this 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 detenu assailing a ''preventive detention order dated 12.08.2022 bearing reference CPT.No.44/2022 [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 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
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....
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 ....
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 importance of establishing a live and proximate link between the grounds of detention and the purpose of detention, particularly in cases of unexplained delay, in the context of preventive detent....
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 preventive detention and the purpose of detention, emphasizing the importance o....
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 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....
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