M. SUNDAR, M. NIRMAL KUMAR
Sudha – 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 16.03.2022 in Memo No. B.C.D.F.G.I.S.S.S.V.No.10/2022 against the petitioner husband Thiyagu @ Thiyagarajan, M/33 years, s/o.Kumar, who is confined at Central Prison, Palayankottai and set aside the same and consequently 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 wife of detenu assailing a ''preventive detention order dated 16.03.2022 bearing reference B.C.D.F.G.I.S.S.S.V No.10/2022'' [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
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 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 that unexplained delay in the collection of materials for a preventive detention order can render the detention invalid, and that preventive detent....
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 of a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, with a focus on examining ....
The live and proximate link between the grounds of detention and the purpose of detention is crucial in assessing the validity of a preventive detention order.
Unexplained delay between the grounds of detention and the purpose of detention can invalidate 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 detention and the purpose of detention in preventive detention cases, with a fo....
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