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S. M. SUBRAMANIAM, R. SAKTHIVEL
R. Jaganathan – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition & Excise Department – Respondent
ORDER :
S.M. Subramaniam, J.
[PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, direction to produce the body of the detenue by name Thiru. Dineshkumar aged 27, S/o Jeganathan presently confined at Central Prison, Salem before this Court and set at liberty forthwith, after calling for the records pertaining to the detention order dated 07.07.2024 made in C.M.P.No.32/Goonda/2024(M1) passed by the second respondent, Goonda act and quash the same.]
The order of detention dated 07.07.2024 is sought to be assailed in the present habeas corpus petition.
2. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that there is an inordinate delay in passing the order of detention.
3. In the instant case, the detenu was arrested on 07.05.2024 and thereafter, the detention order came to be passed on 07.07.2024. This fact is not disputed by the learned Additional Public Prosecutor.
4. In the case of 'Sushanta Kumar Banik Vs. State of Tripura', reported in 2022 LiveLaw (SC) 813', when there was an inordinate delay from the date of proposal till passing of the detention order and likewise, between the da
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 a preventive detention order after arrest invalidates the order due to the absence of a live 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.
Inordinate delay in detention order issuance can invalidate the order by severing the necessary link between grounds and purpose of detention.
Unexplained and inordinate delay in issuing a detention order 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 delay in issuing a detention order after arrest disrupts the required connection between grounds and purpose, rendering the order invalid.
Inordinate delay in passing detention orders affects their validity, severing the link between grounds and purpose of detention.
Unexplained delay in preventive detention orders can invalidate the detention due to the severance of the necessary link between grounds and purpose.
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