M. SUNDAR, M. NIRMAL KUMAR
Mahalakshmi – Appellant
Versus
Secretary to the 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 entire records connected with the order of the 2nd respondent herein concerned in C.O.C.No.17/2022 dated 28.07.2022 and quash the order of detention passed therein by the 2nd respondent herein against the detenu and directing the respondents herein to produce the body and person of the detenu by name Prabhakaran, son of Ganesan, aged about 26 years, now detained at Central Prison, Tiruchirappalli before this Hon''ble Court and setting him at liberty forthwith.)
M. Sundar, J.,
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 28.07.2022 bearing reference C.O.C.No.17/2022'' [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, Cybe
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.
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 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 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....
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 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....
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....
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