M. SUNDAR, M. NIRMAL KUMAR
Anusuya – Appellant
Versus
Secretary to 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 entire records, relating to the petitioner''s husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 01.08.2022 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.51/Goonda/2022, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Johnson S/o.Kovilraj aged 31 years before this Court and set the petitioner''s husband at liberty from detention, now the petitioner''s husband detained at Central Prison, Coimbatore.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the wife of detenu assailing a ''preventive detention order dated 01.08.2022 bearing reference Cr.M.P.No.51/Goonda/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 unde
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 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 detention and the purpose of detention, with a focus on examining unreasonable....
Unexplained delay between the grounds of detention and the purpose of detention rendered the impugned detention order unacceptable.
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, as interp....
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 preventive detention and the purpose of detention, with a focus on examining ....
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 in preventive detention cases, partic....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.