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 specific focus on examining unexplained delays.

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 connected with the detention order of the 2nd respondent in No.491/BCDFGISSSV/2022 dated 30.12.2022 and quash the same and direct the respondents to produce the body and person of detenu namely Sathish @ Sandaikozhi, S/o. Aruldoss, aged about 23 years, detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty forthwith.)

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 08.06.2023, this Court made the following order:

''Captioned Habeas Corpus Petition has been filed in this Court on 02.06.2023 inter alia assailing a detention order dated 30.12.2022 bearing reference No.491/BCDFGISSSV/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fourth respondent is the Sponsoring Authority.

2. To be noted, sister of the detenu is the petitioner.

3. Mr.B.M.Santharam, learned counsel on record for habeas corpus petitioner is before us. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offence under Section 302 of ''Indian Penal Code, 1860 (Act 45 of 1860)'' [''IPC'' for brevity] in Crime No.298 of 2022 on the file of C3 Seven Wells Police Station.

4. The aforementioned detention order has been made on the premise that the detenu is a ''Goonda'' under Section 2(f) of ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forestoffenders, Goondas, Immoral traffic offenders, Sand offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)'' [hereinafter ''Act 14 of 1982'' for the sake of convenience and clarity].

5. The detention order has been assailed inter alia on the ground that some of the pages in the grounds booklet furnished to the detenu are illegible which prevented the detenu from making an effective representation.

6. Prima facie case made out for admission. Admit. Issue Rule nisi returnable by four weeks.

7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.''

2. The aforementioned order made in the 08.06.2023 Admission listing shall be read as an integral part and parcel of this order which means that the short forms, short references and abbreviations used in the order in the Admission listing shall be used in the instant order also.

3. There are two adverse cases. The ground case which constitutes substantial part of substratum of the impugned preventive detention order is Crime No.298 of 2022 on the file of C-3 Seven Wells Police Station for the alleged offence under Section 302 IPC. Owing to the nature of the challenge to the impugned preventive detention order, it is not necessary to delve into the factual matrix or be detained further by facts.

4. Mr.B.M.Santharam, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.

5. In the Admission Board (as would be evident from paragraph 5 of the admission board order dated 08.06.2023) the point that some of the pages in the grounds booklet furnished to the detenu are illegible was projected but in the Final Hearing Board today, learned counsel for petitioner submits that ''live and proximate link'' between the grounds of detention and purpose of detention has snapped as date of arrest and remand in the ground case is 20.10.2022 but the impugned preventive detention order has been made only on 30.12.2022.

6. Mr.E.Raj Thilak, learned State Additional Public Prosecutor, submits to the