M. SUNDAR, M. NIRMAL KUMAR
John Kennedy – Appellant
Versus
State represented by its The Secretary to 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 of pertaining to the order of detention dated 06.07.2022 passed by the 2nd respondent bearing Memo No.185/BCDFGISSSV/2022 and quash the same and produce the detenue Stanli, Male, aged about 26 years, S/o.John Kennedy before this Court and set him at liberty forthwith from Central Prison, Puzhal, Chennai - 66.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and brevity] has been filed by the father of the detenu assailing a ''preventive detention order dated 06.07.2022 bearing reference No.185/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience]. To be noted, the fourth respondent is the sponsoring authority and the second respondent is the detaining authority as impugned detention order has been made by the 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, S
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 ....
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 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....
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 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 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....
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 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....
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