M. SUNDAR, R. SAKTHIVEL
Ponvanan – Appellant
Versus
State of Tamil Nadu Rep. by the Additional Secretary, 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 of habeas corpus calling for the records relating to the detention order in Memo No.90/BCDFGISSSV/2023 dated 04.04.2023 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner''s brother Thiru.Malarvanan, son of Kalaivanan, aged about 24 years, the detenu now 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 brother of the detenu assailing a ''preventive detention order dated 04.04.2023 bearing reference 90/BCDFGISSSV/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, third 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, Goonda
The comparison of cases with different quantities of narcotics for arriving at subjective satisfaction regarding bail in preventive detention orders is a flawed exercise, especially when there is a s....
The impairment of the detenu's right to make an effective representation against a preventive detention order constitutes a violation of the detenu's constitutional safeguard enshrined in Clause (5) ....
The main legal point established in the judgment is the requirement for the Detaining Authority to properly apply its mind in making a preventive detention order and the recognition that preventive d....
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 central 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 detent....
The main legal point established in the judgment is the requirement to establish a 'live and proximate link' between the grounds of detention and the purpose of detention, and the unacceptability of ....
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 main legal point established in the judgment is the requirement for a 'live and proximate link' between the grounds of preventive detention and the purpose of detention, and the unacceptability o....
The impairment of the subjective satisfaction of the detaining authority regarding the detenue's imminent possibility of being enlarged on bail led to the setting aside of the impugned preventive det....
The unexplained delay in making a preventive detention order can lead to the snapping of the live and proximate link between the grounds of detention and the purpose of detention, rendering the deten....
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