M. SUNDAR, R. SAKTHIVEL
K. Sangeetha – Appellant
Versus
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, relating to the petitioner''s husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 05.01.2023 on the file of the second respondent herein made in proceedings Memo Rc.No.C2/1105/2023, quash the same as illegal and consequently direct the respondents herein to produce the petitioner''s husband namely Kajaraj S/o. Seetharaman, aged 34 years before this Court and set the petitioner''s husband at liberty from detention, now the petitioner''s husband detained at Central Prison, Cuddalore.)
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 05.01.2023 bearing reference Rc.No.C2/1105/2023'' [hereinafter ''impugned preventive detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as impugned preventive detention order has been made by second respondent.
2.Impugned preventive detention o
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 the context of preventive detention o....
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 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....
The 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and unexplained delay in making a detention order renders it unacceptable.
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of detention and purpose of detention in the context of preventive detention un....
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.
The unexplained delay between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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 examining unreasonable....
The unexplained delay between the grounds of detention and the purpose of detention can render a preventive detention order invalid.
Unexplained delay in making a preventive detention order can be a basis for setting it aside.
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