M. SUNDAR, M. NIRMAL KUMAR
A. Farzana – Appellant
Versus
Additional Chief Secretary, Government of Tamil Nadu 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 pertaining to the order of detention passed by the second respondent herein in No.305/BCDFGISSSV/2022 dated 16.09.2022 and to quash the same and consequently direct the respondent to produce the detenu, petitioner husband Thiru.Sunaith Ali, aged 42 years, son of Adham Sha before this Court and thereafter set him at liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of the detenu assailing a ''preventive detention order dated 16.09.2022 bearing reference 305/BCDFGISSSV/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-offenders, Sexual-offenders, Slum-
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....
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
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 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 for a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, and the unacceptability o....
The main legal point established in the judgment is the requirement to establish a 'live and proximate link' between the grounds of detention and the purpose of detention, and the unacceptability of ....
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 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 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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