M. SUNDAR, M. NIRMAL KUMAR
Manikandan – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records relating to the petitioner''s friend detention under Tamil Nadu Act 14 of 1982 vide detention order dated 30.07.2022 on the file of the second respondent herein made in proceedings BCDFGISSV No.223/2022 and quash the same as illegal and consequently direct the respondents herein to produce the said Petitioners friend namely Jamaludeen son of Mohamed Meeran aged 46 years before this Court and set the petitioner''s friend at liberty from detention now petitioner''s friend detained at Central Prison, Puzhal, Chennai.)
M. SUNDAR, J.,
1. Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and brevity] has been filed by the friend of the detenu assailing a ''preventive detention order dated 30.07.2022 bearing reference BCDFGISSSV.No.223/2022'' [hereinafter ''impugned detention order'' for the sake of convenience]. To be noted, the third respondent is the sponsoring authority and the second respondent is the detaining authority as impugned detention order has been made by the second respond
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, with a focus on unreasonable or unex....
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 ....
Unexplained delay between the grounds of detention and the purpose of detention can invalidate 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....
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of detention and purpose of detention in the context of preventive detention un....
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....
Unreasonable and unexplained delay in making a preventive detention order can render it invalid, as it snaps the 'live and proximate link' between the grounds of detention and the purpose of detentio....
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 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....
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