M. SUNDAR, R. SAKTHIVEL
Alamelu – Appellant
Versus
State of Tamil Nadu represented By Secretary to Government Home, Prohibition and Excise Department, Chennai& Others – 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 of the 2nd respondent pertaining to the order made in No.348/BCDFGISSSV/2022 dated 10.10.2022 in detaining the detenu under the Tamilnadu Act 14/1982 as a Goonda and quash the same and direct the respondents to produce the detenu, namely Ajithkumar @ Pongu, aged 22 years, son of Ragavan who is detained at the Central Prison, Puzhal, Chennai before this Court and set him at liberty.)M. Sundar, J.
Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 10.10.2022 bearing reference BCDFGISSSV No.348/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
2. When the captioned HCP was listed for admission before this Court, proceedings/orders dated 26.04.2023 was made in the ''Admission Board'' and the same reads as follows:
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 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.
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 '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.
Unexplained delay between the grounds of detention and the purpose of detention rendered the impugned detention order unacceptable.
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, as interp....
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 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 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....
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