M. SUNDAR, R. SAKTHIVEL
G. Nageshwari – Appellant
Versus
Additional Chief Secretary to Government Home, 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 detention order passed by the second respondent pertaining to the detention order passed by the second respondent pertaining to the order made in BCDFGISSSV No.03/2023 dated 05.01.2023 in detaining the detenu under Section 2(f) of Tamil Nadu Act 14 of 1982, as a Goonda and quash the same and direct the respondent to produce the detenu Manikandan, son of Gunasekaran (late) aged about 29 years, who is detained at Central Prison, Puzhal before this Court and set him at liberty.)
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 23.03.2023, this Court made the following order:
''Captioned Habeas Corpus Petition has been filed in this Court on 15.03.2023 inter alia assailing a detention order dated 05.01.2023 bearing reference No.03/BCDFGISSSV/2023 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fourth respondent is the Sponsorin
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 passing a detention order can lead to the setting aside of the order, as established in Sushanta Kumar Banik's case.
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 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.
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 making a preventive detention order renders it unacceptable.
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 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 the requirement for a live and proximate link between the grounds of detention and the purpose of detention, with a focus on examining unreasonable....
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