M. SUNDAR, R. SAKTHIVEL
Sharmila – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition and 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 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 couns
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 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 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 renders it unacceptable.
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....
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 that in cases of preventive detention, the 'live and proximate link' between the grounds of detention and the purpose of detention must be examined....
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 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 in cases of preventive detention, the live and proximate link between the grounds of detention and the purpose of detention should be maintain....
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