M. SUNDAR, M. NIRMAL KUMAR
Selvaraj – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government 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 pertaining to the order of detention passed by the 2nd respondent in C.O.C.No.19/2022 dated 28.07.2022 against the petitioner''s son the detenu Viky @ Vignesh, aged 24 years, son of Selvaraj, now confined in Central Prison, Tiruchirapalli and set aside the same and direct the respondents to produce the detenu 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 father of detenu assailing a ''preventive detention order dated 28.07.2022 bearing reference C.O.C.No.19/2022'' [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, Sandoffe
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....
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 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.
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....
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 main legal point established in the judgment is that unexplained delay in the collection of materials for a preventive detention order can render the detention invalid, and that preventive detent....
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 ....
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.
Unexplained delay between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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