M. SUNDAR, M. NIRMAL KUMAR
Sarala – Appellant
Versus
District Collector and District Magistrate of Thanjavur District, Tiruvarur – 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 entire records connected with the order of the 1st respondent herein made in C.O.C.No.22/2022 dated 05.08.2022 against the detenu namely, Ganapathy, aged about 33 years, who is confined at Central Prison, Tiruchurapalli and set aside the same and consequently, direct the respondents herein to produce the body and person of the detenu before this Hon''ble Court and set him at liberty forthwith.)
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 05.08.2022 bearing reference C.O.C.No.22/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and first respondent is the detaining authority as impugned detention order has been made by first 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 traff
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 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 preventive detention and the purpose of detention, emphasizing the importance o....
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 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 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 examining unreasonable....
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....
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