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S. M. SUBRAMANIAM, V. SIVAGNANAM
Jamunarani – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise Department, Secretariat – Respondent
ORDER :
S.M. Subramaniam, J.
[PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 03.07.2024 on the file of the 2nd respondent herein made in proceedings Memo Cr.M.P.No.36/D.O./2024, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband namely Selvam, S/o. Karuppathevar, aged about 44 years, before this High Court and set the petitioner's husband at liberty from detention now the petitioner's husband detained at Central Prison, Coimbatore.]
The petitioner herein is the father of the detenu viz., Selvam, S/o. Karuppathevar, aged 44 years, now confined at Central Prison, Coimbatore, has come forward with this Habeas Corpus Petition challenging the detention order passed by the 2nd respondent in Cr.M.P.No.36/D.O./2024 dated 03.07.2024.
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. Though several grounds are raised in the petition
Inordinate delay in detention order issuance can invalidate the order if it disrupts the necessary 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 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.
Unreasonable delay in passing the detention order throws doubt on the genuineness of the subjective satisfaction of the detaining authority and snaps the live and proximate link between the grounds o....
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 and inordinate delay in issuing a detention order can invalidate the order by severing the necessary link between grounds and purpose of detention.
Inordinate delays in detention orders can invalidate the order due to the severance of the necessary link between grounds and purpose of detention.
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