S. M. SUBRAMANIAM, V. SIVAGNANAM
Yosuwa Daniel – Appellant
Versus
State of Tamil Nadu, Represented by The Additional Chief Secretary to Government, Home, Prohibition and Excise Department – 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 relating to the detention order in Cr.M.P.No.09/2024, dated 30.03.2024 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's brother Ebi alias Ebinezar S/o.Pannerselvam aged about 30 years the detenue, now confined in Central Prison, Tiruchirapalli before this Court and set him at liberty.
The petitioner herein is the brother of the detenu viz., Ebi @ Ebinezar, S/o. Panneerselvam, aged 30 years, now confined at Central Prison, Tiruchirappalli, has come forward with this Habeas Corpus Petition challenging the detention order passed by the 2nd respondent in Cr.M.P.No.09/2024, dated 30.03.2024.
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, t
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 detention order issuance can invalidate the order by severing the necessary 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 if it disrupts 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.
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.
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.