M. SUNDAR, R. SAKTHIVEL
Jothi – Appellant
Versus
State of Tamil Nadu Rep. By its Principal Secretary to Government, Home, Prohibition and 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 connected with the impugned order of detention passed by the 2nd respondent in COC No. 57/2022 dated 01.12.2022 and quash the same, consequently direct the respondents to produce the detenu, namely the petitioner''s son Kabilan, S/o.Gurumoorthi, aged about 22 years, detained in the Central Prison, Trichy, before this Court and set him at liberty.)
M. SUNDAR, J
1. When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 20.06.2023, this Court made the following order:
''Captioned Habeas Corpus Petition has been filed in this Court on 06.06.2023 inter alia assailing a detention order dated 01.12.2022 bearing reference C.O.C.No.57/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.
2. To be noted, mother of detenu is the petitioner.
3. Mr.T.Elumalai, learned counsel on record for p
Unexplained delay in making a preventive detention order renders it unacceptable.
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.
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.
The main legal point established in the judgment is that in cases of preventive detention, the 'live and proximate link' between the grounds of detention and the purpose of detention must be examined....
Unexplained delay in passing a detention order can lead to the setting aside of the order, as established in Sushanta Kumar Banik's case.
The unexplained delay between the grounds of detention and the purpose of detention can render a preventive detention order invalid.
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.
The main legal point established in the judgment is the requirement of a 'live and proximate link' between the grounds of detention and purpose of detention, as interpreted by the Supreme Court, and ....
Unexplained delay in passing a detention order can invalidate the 'live and proximate link' between the grounds of detention and the purpose of detention, leading to the setting aside of the detentio....
The main legal point established in the judgment is that in cases of preventive detention, the live and proximate link between the grounds of detention and the purpose of detention should be maintain....
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.