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S. M. SUBRAMANIAM, V. SIVAGNANAM
Thilaga – Appellant
Versus
Secretary to the 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 records in Connection with the order of Detention passed by the second respondent dated 03.07.2024 in C3/D.O.NO.37/2024 against the petitioner Son Sivakumar, Male aged 26 years S/o. Ramamoorthy, who is Confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before the Court and set him at liberty.]
The petitioner herein is the mother of the detenu viz., Sivakumar, Male aged 26 years S/o. Ramamoorthy, now confined at Central Prison, Vellore, has come forward with this Habeas Corpus Petition challenging the detention order passed by the 2nd respondent in C3/D.O.NO.37/2024 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, the learned counsel for the petitioner submitted that there is an inordinate delay in passing the order of detention.
4. In the instant case, the detenu was arrested on 24.05.2024 and there
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 detention order issuance can invalidate the order if it disrupts 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.
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.
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.
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