M. SUNDAR, M. NIRMAL KUMAR
Kamali – Appellant
Versus
Secretary to the Government Government of Tamil Nadu (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 relating to the impugned order in C3/D.O.No.40/2022 dated 28.07.2022 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce namely, Tamilselvan @ Tamilarasan, Son of Chinnadurai @ Venkatesan, aged about 28 years, now confined at Central Prison, Vellore before this 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 wife of detenu assailing a ''preventive detention order dated 28.07.2022 bearing reference C3/D.O.No.40/2022'' [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-offe
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 preventive detention and the purpose of detention, emphasizing the importance o....
Unexplained delay in making a preventive detention order is unacceptable.
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.
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, and the categorization of unexplained d....
The importance of establishing a live and proximate link between the grounds of detention and the purpose of detention, particularly in cases of unexplained delay, in the context of 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....
Unexplained delay between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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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