S. M. SUBRAMANIAM, V. SIVAGNANAM
Rani – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St. George, Secretariat, Chennai – Respondent
ORDER :
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Detention order in Memo No.725/BCDFGISSSV/2024 dated 27.06.2024 on the file of the second respondent and set aside the same and direct the respondents herein to produce the body of the detenu/daughter of the Petitioner Mrs.Chithra W/o. Murugesan aged about 46 years now confined under third respondent prison, before this Court and set at liberty.
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The preventive detention order passed by the second respondent dated 27.06.2024 is sought to be quashed in the present habeas corpus petition.
2. The learned Counsel for the petitioner would submit that there is a delay in passing the impugned order of detention.
3. In the present case, the detenu was arrested on 20.05.2024 and thereafter, the detention order came to be passed on 27.06.2024. This fact is not disputed by the learned Additional Public Prosecutor. Further, there is no adverse case relied on. Based on the ground case alone Act 14 of 1982 has been invoked. The ground case would be insufficient to form an opinion that there is likelihood of causi
Unexplained and inordinate delay in issuing a detention order can invalidate the order by severing the necessary link between grounds and purpose of detention.
Inordinate delay in passing a preventive detention order after arrest invalidates the order due to the absence of a live link between grounds and purpose of detention.
Inordinate delay in issuing a detention order after arrest disrupts the required connection between grounds and purpose, rendering the order invalid.
Unexplained and inordinate delay in passing a detention order can invalidate the order by severing the necessary link between the grounds and purpose of detention.
Inordinate delay in passing detention orders affects their validity, severing the link between grounds and purpose of detention.
Inordinate delay in detention order issuance can invalidate the order by severing the necessary link between grounds and purpose of detention.
Inordinate delay in passing a preventive detention order invalidates the order due to severed live and proximate link between grounds and purpose of detention.
Inordinate and unexplained delay in detention orders can invalidate the order by severing the necessary link between grounds and purpose of detention.
Unexplained delays in preventive detention orders violate personal liberty and render such orders invalid.
Inordinate delays in detention orders can invalidate them if they sever the link between the grounds for detention and the purpose of detention.
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