S. M. SUBRAMANIAM, V. SIVAGNANAM
Petchi – 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 2nd respondent dated 08.05.2024 in C.No.36/G/IS/TIRUPPUR City/2024 against the petitioner son GAWASKAR @ GAWASKI, M/38 Years, Son of Annadurai, who is confined at Central Prison, Coimbatore and set aside the same and consequently 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., Gawaskar @ Gawaski, Male aged 38 Years, Son of Annadurai, now confined at Central Prison, Coimbatore, has come forward with this Habeas Corpus Petition challenging the detention order passed by the 2nd respondent in C.No.36/G/IS/TIRUPPUR City/2024 dated 08.05.2024.
2. The two adverse cases of the year 2023 has been relied on for the purpose of detaining the detenu under Act 14 of 1982.
3. The Detaining Authority furnished the reasons stating that the detenu has been lodged at Central Prison, Coimbatore as a remand prisoner in Crime No.142 of 2024 and he has not moved bail in any Court s
Inordinate delays in detention orders can invalidate them if they sever the link between the grounds for detention and the 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.
Inordinate delay in detention order issuance without explanation invalidates the order due to severed 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 delay in detention order issuance can invalidate the order by severing 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 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 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.
Unexplained and inordinate delay in issuing a detention order can invalidate the order by severing the necessary link between grounds and purpose of detention.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.