M. SUNDAR, M. NIRMAL KUMAR
Vijay @ Athu Vijay – Appellant
Versus
Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, 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 in connection with the order of detention passed by the second respondent dated 02.06.2022 in B3/D.O.No.31/2022 petitioner/detenu Vijay @ Athu Vijay, male, aged 25 years, S/o.Arokiyasamy, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by detenu assailing a ''preventive detention order dated 02.06.2022 bearing reference B3/D.O.No.31/2022'' [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, Sand-offenders, Sexual-offenders, S
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 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....
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 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 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 is unacceptable.
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 the requirement of a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, with a focus on examining ....
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