M. SUNDAR, M. NIRMAL KUMAR
Shanthi – Appellant
Versus
Secretary to the Government 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 in connection with the order of detention passed by the second respondent dated 19.09.2022 in B3/D.O.No. 49/2022 against the petitioner''s son Raja, male aged 34 years, S/o.Parasuraman who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon''ble Court and set him at liberty.)
M . Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of the detenu assailing a ''preventive detention order dated 19.09.2022 bearing reference B3/D.O.No.49/2022'' [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-offend
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 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 ....
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 of a live and proximate link between the grounds of detention and the purpose of detention in preventive detention cases, with a fo....
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....
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 unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention is a valid point of examination in preventive detention cases.
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