M. SUNDAR, M. NIRMAL KUMAR
Kutty – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – Respondent
JUDGMENT
(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 22.06.2022 in Memo No.164/BCDFGISSSV/2022 against the petitioner''s sister son Murugan @ Suruttai Murugan, male, aged 34 years, S/o.Kanniappan, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.)
M. Sundar, J.
This order will now dispose of captioned ''Habeas Corpus Petition'' (''HCP'' for the sake of brevity).
2. When the captioned HCP was listed in the Admission Board, this Court vide order dated 01.03.2023 admitted the captioned HCP and issued Rule nisi. A scanned reproduction of the order dated 01.03.2023 is as follows:
3. The aforementioned proceedings made at the time of admission captures the factual matrix in a nut shell and therefore the aforementioned proceedings shall be read as an integral part and parcel of this order. To be noted the ''detention order dated 22.06.2022 bearing reference Memo No.164/BCDFGISSSV/2022'' made by the detaining aut
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 unreasonable and une....
The main legal point established in the judgment is that in cases of preventive detention, the live and proximate link between the grounds of detention and the purpose of detention should be maintain....
The main legal point established in the judgment is the application of the 'live and proximate link' principle to determine the validity of a detention order and the significance of unexplained delay....
Unexplained delay in making a preventive detention order can sever the live and proximate link between the grounds of detention and purpose of detention, leading to the order being set aside.
The main legal point established in the judgment is that unexplained delay in issuing a detention order can render the detention invalid, and preventive detention is not a punishment.
Unexplained delay in issuing a detention order can break the live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order invalid.
Unexplained delay in making a preventive detention order renders it unacceptable.
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 sp....
Unexplained delay in passing a detention order can lead to the setting aside of the order, as established in Sushanta Kumar Banik's case.
The principle of live and proximate link between the grounds of detention and the purpose of detention is crucial in determining the validity of a preventive detention order.
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