M. SUNDAR, R. SAKTHIVEL
Salsa – Appellant
Versus
Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai – Respondent
JUDGMENT
(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in connection with the order of detention passed by the second respondent dated 29.12.2022 in R.C.No.12842/2022/M6-D.O.No.47/2022 against the petitioner''s son Sudhakar, M/29 years, son of Murugan, who is confined at Central Prison, Puzhal, Chennai and set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.)
M. Sundar, J.
When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 07.03.2023, this Court made the following order:
''Captioned Habeas Corpus Petition has been filed in this Court on 15.02.2023 inter alia assailing a detention order dated 29.12.2022 bearing reference Rc.No.12842/2022/M6-D.O.No.47/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.
2. Mother of the detenu is the petitioner.
3. Mr.A.Saranraj, learned counsel on record for h
The main legal point established in the judgment is that unexplained delay in issuing a detention order can render the detention invalid, and preventive detention is not a punishment.
Unexplained delay in making a preventive detention order renders it unacceptable.
Unexplained delay in issuing a detention order can break the live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order invalid.
Unexplained delay in making a preventive detention order can sever the live and proximate link between the grounds of detention and purpose of detention, leading to the order being set 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 in preventive detention cases, with a sp....
Unexplained delay in passing a detention order can lead to the setting aside of the order, as established in Sushanta Kumar Banik's case.
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 for a 'live and proximate link' between the grounds of detention and the purpose of detention, with a focus on unreasonable and une....
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.
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....
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