R. SAKTHIVEL, M. SUNDAR
Selvi – Appellant
Versus
Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ order or direction in the nature of WRIT OF HABEAS CORPUS, to produce the body of the petitioner''s son namely A.Sudhakar, aged about 24 years, who is detained in 3rd Respondent / The Additional Superintendent, Central Prison, Coimbatore before this Honble Court and set him at liberty forthwith by calling for the records pursuant to the detention order dated 22.08.2022 made in C.No.52/G/IS/2022, on the file of the 2nd Respondent herein and quash the same.)
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:
''H.C.P.No.967 of 2023
M.SUNDAR, J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
[Order of the Court was made by M.SUNDAR. J]
Captioned Habeas Corpus Petition has been filed in this Court on 01.06.2023 inter alia assailing a detention order dated 22.08.2022 bearing reference C.No.52/G/IS/2022 made by ''second respondent'' [h
The principle of live and proximate link between the grounds of detention and the purpose of detention is crucial in determining the validity of a preventive detention order.
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.
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.
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 ....
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 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....
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