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M. SUNDAR, R. SAKTHIVEL
Vasanthi – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – Respondent
ORDER :
M. Sundar, J.
[Prayer in HCP No.1407 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 30.06.2023 in D.O.No.65/2023-C2 against the petitioner's husband Viji @ Vijaykumar, Male, aged 39 years, S/o. Sivanandam, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.]
[Prayer in HCP No.1410 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 30.06.2023 in D.O.No.66/2023-C2 against the petitioner grandpa's daughter Nirmala, female, aged 34 years, W/o.Suresh, who is confined at Special Prison for Women, Vellore and set aside the same and direct the respondents to produce the detenue before this Court and set at liberty.]
This common order wil
The main legal point established in the judgment is the interpretation and application of Section 8(1) of Act 14 of 1982, which mandates the communication of grounds of detention to the detenu within....
The impairment of subjective satisfaction and non-application of mind in the grounds of the impugned preventive detention orders led to the dislodgement of the orders, emphasizing the importance of u....
Mandatory communication of grounds for detention within the specified time frame and the requirement for a 'live and proximate link' between the grounds of detention and the purpose of detention.
The main legal point established in the judgment is the importance of upholding the detenu's rights, including adequate notice for hearings, provision of necessary legal documents, and consideration ....
Failure to inform detained individuals of their arrest and not supplying documents does not automatically invalidate detention under preventive law unless it hinders effective legal representation.
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