M. SUNDAR, M. NIRMAL KUMAR
Vanumamalai – Appellant
Versus
Secretary to Government Home, Prohibition and 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 2nd respondent dated 12.08.2022 in C.No. 60/G/IS/Tiruppur City/2022 against the petitioner brother Esakki Pandi, male, 22 years, son of Subbaiya, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.)
M. Sundar, J.
1. When the matter came up for admission on 21.03.2023, this Bench made an order and a scanned reproduction of the same is as follows:
2. Mr. A.Saranraj, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.Sylvester John, Advocate, for all respondents are before us.
3. Though in the admission Board, learned counsel projected his case on the ground that remand order was not properly translated in the language which the detenu is conversant with, today in the final hearing learned counsel projected his campaign against the impugned detention order on the point of ''live and proximate lin
The main legal point established in the judgment is the application of the 'live and proximate link' principle to determine the validity of a detention order and the significance of unexplained delay....
The main legal point established in the judgment is that in cases of preventive detention, the live and proximate link between the grounds of detention and the purpose of detention should be maintain....
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 unreasonable and une....
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 unreasonable and une....
Unexplained delay in making a preventive detention order can sever the live and proximate link between the grounds of detention and purpose of detention, leading to the order being set aside.
Unexplained delay in issuing a detention order can break the live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order invalid.
Unexplained delay in making a preventive detention order renders it unacceptable.
The main legal point established in the judgment is that unexplained delay in issuing a detention order can render the detention invalid, and preventive detention is not a punishment.
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 sp....
The main legal point established in the judgment is the requirement of a 'live and proximate link' between the grounds of detention and purpose of detention, as interpreted by the Supreme Court, and ....
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