M. SUNDAR, R. SAKTHIVEL
Anand Babu – Appellant
Versus
State of Tamilnadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department 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, call for the entire records leading to the detention of the petitioner''s brother-in-law Manikandan @ Vellai Mani, S/o. Pakkiri, Male, aged about 30 years is presently lodged in Central Prison, Puzhal at Chennai – 600 066 and has been detained under Act 14/82 as a “Goonda” vide detention order dated 30.03.2023, made in Memo. No.91/BCDFGISSSV/2023 by the 2nd respondent, the Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 007 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal at Chennai.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by uncle of the detenu assailing a ''preventive detention order dated 30.03.2023 bearing reference No.91/BCDFGISSSV/2023'' [hereinafter ''impugned preventive detention order'' for the sake of convenience and brevity] made by second respondent (hereinafter ''detaining author
The reliance on a bail order granted during the Covid-19 situation to assess the imminent possibility of the detenu being enlarged on bail impaired the subjective satisfaction of the detaining author....
The impaired subjective satisfaction of the detaining authority regarding the detenu's imminent possibility of being enlarged on bail led to the vitiation of the impugned preventive detention order.
The impaired subjective satisfaction of the detaining authority regarding the detenu's imminent possibility of being enlarged on bail led to the setting aside of the impugned preventive detention ord....
The subjective satisfaction of the detaining authority in preventive detention cases must be based on reliable and dated evidence to justify the imminent possibility of the detenu being enlarged on b....
The subjective satisfaction of the detaining authority regarding the grounds for preventive detention must be based on valid and relevant considerations.
Preventive detention is not a punishment and should be carefully applied, ensuring the proper application of mind by the Detaining Authority.
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.
The court emphasized the importance of specific aspects of the ground case in discretionary relief of grant of bail, and the lack of support for the detaining authority's grounds.
The unexplained delay between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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