M. SUNDAR, R. SAKTHIVEL
Vignesh – Appellant
Versus
Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, 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 records relating to the proceedings of the 2nd respondent in BCDFGISSSV No.477/2022 dated 20.12.2022 against the petitioner''s brother Dinesh @ Beedi Dinesh, male, aged about 24 years, S/o.Palani, and quash the same and consequently direct the respondents herein to produce the detenu who is detained under the Tamil Nadu Act 14 of 1982 currently confined in Central Prison, Puzhal, Chennai, before this Court and set him at liberty.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the brother of the detenu assailing a ''preventive detention order dated 20.12.2022 bearing reference No.477/BCDFGISSSV/2022'' [hereinafter ''impugned preventive detention order'' for the sake of convenience and brevity] made by second respondent (hereinafter ''detaining authority'' for the sake of convenience). To be noted, fourth respondent is the sponsoring authority.
2. Impugned preventive detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offender
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 invalidate a preventive detention order.
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 an unexplained delay in making a preventive detention order can lead to the snapping of the 'live and proximate link' between the grounds of d....
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 the requirement of a live and proximate link between the grounds of detention and the purpose of detention, and the categorization of unexplained d....
Unexplained delay in making a preventive detention order is unacceptable.
Unexplained delay in making a preventive detention order can lead to a lack of a live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order i....
The main legal point established in the judgment is that unexplained delay in the collection of materials for a preventive detention order can render the detention invalid, and that preventive detent....
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 fo....
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