M. SUNDAR, M. NIRMAL KUMAR
Yasodha – Appellant
Versus
Additional Chief Secretary to Government Home 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 relating to the detention order No.299/BCDFGISSSV/2022 dated 13.09.2022, passed by the second respondent and produce the petitioner''s son Dinesh Kumar @ Dinesh, son of Kuppan @ Sori Kuppan, aged about 27 years, now confined in Central Prison, Trichy, Chennai 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 13.09.2022 bearing reference No.299/BCDFGISSSV/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 Pirate
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
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....
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 between the grounds of detention and the purpose of detention is a crucial factor in assessing the validity of a preventive detention order.
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 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 ....
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 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 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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.