M. SUNDAR, M. NIRMAL KUMAR
Selvi – Appellant
Versus
State rep. by its, The Secretary to 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 calling for the records in Detention Order in C.No.49/G/IS/2022 dated 03.08.2022 on the file of the second respondent and set aside the same and direct the respondents herein to produce the body of the son of the petitioner/detenu G.Manikandan @ Gundu Manikandan S/o.Gopal aged about 44 years now confined in Central Prison at Coimbatore 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 the mother of detenu assailing a ''preventive detention order dated 03.08.2022 bearing reference C.No.49/G/IS/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth 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-offe
The subjective satisfaction of the detaining authority regarding the grounds for preventive detention must be based on valid and relevant considerations.
Non-application of mind by the detaining authority in making a preventive detention order under the Tamil Nadu Prevention of Dangerous Activities Act, 1982.
The court emphasized the importance of specific aspects of the ground case in discretionary relief of grant of bail, and the lack of support for the detaining authority's grounds.
The impairment of the detenu's right to make an effective representation against a preventive detention order is a violation of Article 22(5) of the Constitution of India and can lead to the setting ....
Preventive detention is not a punishment and should be carefully applied, ensuring the proper application of mind by the Detaining Authority.
The central legal point established in the judgment is that the subjective satisfaction of the detaining authority in a preventive detention order must be based on adequate material, and that prevent....
The impairment of the detenu's right to make an effective representation against the impugned detention order, which is a constitutional safeguard ingrained in Clause (5) of Article 22 of the Constit....
The impaired subjective satisfaction of the detaining authority regarding the detenu's imminent possibility of being enlarged on bail led to the vitiation of the impugned preventive detention order.
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.
The unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention is a valid point of examination in preventive detention cases.
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