M. SUNDAR, M. NIRMAL KUMAR
S. Mangammal – Appellant
Versus
Secretary to the Government Home, 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 11.07.2022 C3/D.O.No.36/2022 against the petitioner''s son Suresh, Male aged 31 years, son of Senthilkumar, 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 detenu assailing a ''preventive detention order dated 11.07.2022 bearing reference C3/D.O.No.36/2022'' [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 law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexu
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 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....
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....
Unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention is a valid ground for setting aside a preventive detention order.
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, and the s....
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 live and proximate link between the grounds of detention and the purpose of detention is crucial in assessing the validity of a preventive detention order.
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.
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 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 ....
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