M. SUNDAR, M. NIRMAL KUMAR
Sivarajakani – Appellant
Versus
Secretary to Government, Home, Prohibition & Excise Department, 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, relating to the petitioner''s son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 01.08.2022 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.50/Goonda/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s son namely Siva @ Sivanantham S/o.Late Singaperumal aged 30 years before this Court and set the petitioner''s son at liberty from detention, now the petitioner''s son detained at Central Prison, Coimbatore.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the mother of detenu assailing a ''preventive detention order dated 01.08.2022 bearing reference Cr.M.P.No.50/Goonda/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 mad
Unexplained delay between the grounds of detention and the purpose of detention rendered the impugned detention order unacceptable.
The 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and unexplained delay in making a detention order renders it unacceptable.
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....
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....
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....
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 of a live and proximate link between the grounds of detention and the purpose of detention in preventive detention cases, with a fo....
The unexplained delay between the grounds of detention and the purpose of detention is a crucial factor in assessing the validity of 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 of a live and proximate link between the grounds of detention and the purpose of detention, and the categorization of unexplained d....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.