M. SUNDAR, M. NIRMAL KUMAR
Pappa – Appellant
Versus
Secretary to the 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 husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 27.06.2022 on the file of the second respondent herein made in proceedings C.M.P.No.17/Drug Offender/C2/2022 quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Ramalingam, S/o.Theerthan, aged 65 years before this Court and set the petitioner''s husband at liberty from detention, now the petitioner''s husband detained at Central Prison, Salem.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 27.06.2022 bearing reference C.M.P.No.17/Drug Offender/C2/2022'' [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 m
Unexplained delay in establishing the live and proximate link between the grounds of detention and the purpose of detention can lead to the invalidation of a preventive detention order.
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.
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
The unexplained delay in making a preventive detention order can lead to the snapping of the live and proximate link between the grounds of detention and the purpose of detention, rendering the deten....
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, particularly in cases of unexplained....
The main legal point established in the judgment is the requirement to establish a 'live and proximate link' between the grounds of detention and the purpose of detention, and the unacceptability of ....
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 impact of unexplained delay on ....
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 for a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, and the unacceptability 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.
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