M. SUNDAR, M. NIRMAL KUMAR
B. Ramesh – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to the Government, 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 pertaining to filing memo No.76/BCDFGISSSV/2022 dated 14.07.2022 on the file of the 2nd respondent herein and set aside the same as direct the respondents herein to produce the petitioner Ramesh S/o. Balaraman aged 42 years now confined in the Central Prison, Puzhal, Chennai.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the detenu assailing a ''preventive detention order dated 14.07.2022 bearing reference No.76/BCDFGISSSV//2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, third 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-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No
Unexplained delay in making a preventive detention order is unacceptable.
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 for a live and proximate link between the grounds of detention and the purpose of detention, with a focus on examining unreasonable....
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 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....
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 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 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and 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 preventive detention and the purpose of detention, emphasizing the importance o....
Unreasonable and unexplained delay in making a preventive detention order can render it invalid, as it snaps the 'live and proximate link' between the grounds of detention and the purpose of detentio....
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