M. SUNDAR, M. NIRMAL KUMAR
Mythili – Appellant
Versus
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 to call for the entire records, relating to the petitioner''s son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 07.08.2022 on the file of the second respondent herein made in proceedings Memo Rc.No.12479/2022/M6-D.O.No.32/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s son namely Srinivasan @ Saga S/o.Kuppan aged 23 years before this Court and set the petitioner''s son at liberty from detention, now the petitioner''s son detained at Central Prison, Coimbatore.)
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 07.08.2022 bearing reference Rc.No.12479/2022/M6-D.O.No.32/2022'' [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
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.
Unexplained delay between the grounds of detention and the purpose of detention rendered the impugned detention order unacceptable.
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 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 central 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 the context of preventive detent....
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 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 that an unexplained delay in making a preventive detention order can lead to the snapping of the 'live and proximate link' between the grounds of d....
The unexplained delay in the live and proximate link between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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