S. M. SUBRAMANIAM, V. SIVAGNANAM
Madhu – Appellant
Versus
Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise IX – 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, calling for the records of the 2nd respondent in reference to (Detention Order in S.C.No.15 of 2024 dated 09.05.2024, setting aside the order of detention passed therein and directing the respondent to produce the detenu by namely Thiru.Naveenkumar, son of Thiru.Madhu, aged about 27 years before this Court, now detained in Central Prison at Salem.]
The petitioner herein is the father of the detenu viz., Naveenkumar, S/o. Madhu, aged 27 years, now confined at Central Prison, Salem, has come forward with this Habeas Corpus Petition challenging the detention order passed by the 2nd respondent in S.C.No.15 of 2024 dated 09.05.2024.
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 20.03.2024 and thereafter, the detention order c
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 without explanation invalidates the order due to severed link between grounds and purpose of detention.
Inordinate delay in passing a detention order can invalidate the order if it disrupts the necessary link between the 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.
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.
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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