M. SUNDAR, R. SAKTHIVEL
Somappa – Appellant
Versus
State of Tamilnadu, Rep. by its Secretary to Government, Prohibition and Excise Department (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 detenu''s detention order passed by the 2nd respondent vide S.C.No.06/2023 dated 21.03.2023 and set aside the same and produce the petitioner''s son Thammanna @ Sridhar, S/o.Somappa, Male aged 25 years, now detained in Salem Central Prison, Salem before this Court and set him at liberty forthwith.)
M. Sundar, J.
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by father of the detenu assailing a ''preventive detention order dated 21.03.2023 bearing reference S.C.No.06/2023'' [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, fifth 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 offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers 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....
The unexplained delay between the grounds of detention and the purpose of detention can render a preventive detention order invalid.
The unexplained delay between the grounds of detention and the purpose of detention can invalidate a preventive detention order.
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 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 the requirement of a live and proximate link between the grounds of preventive detention and the purpose of detention, emphasizing the importance o....
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....
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....
The 'live and proximate link' between the grounds of detention and the purpose of detention must be examined, and unexplained delay in making a preventive detention order renders it 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 the context of preventive detention....
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