M. SUNDAR, M. NIRMAL KUMAR
Sivaraman – Appellant
Versus
State of Tamil Nadu rep. by its Additional Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records pertaining to the detention order passed by the second respondent in Cr.M.P.No.45/Goonda/2022 dated 26.07.2022 and set aside the same and direct the respondents to produce the petitioner''s daughter namely Susila W/o. (Late) Gopa, aged about 30 years who is now confined in Special Prison for Women at Coimbatore before this Court and set her at liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the father of detenu assailing a ''preventive detention order dated 26.07.2022 bearing reference Cr.M.P.No.45/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 made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offender
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, as interp....
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 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, and the categorization of unexplained d....
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 preventive detention and the purpose of detention, emphasizing the importance o....
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....
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 rendered the impugned detention order unacceptable.
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