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S. M. SUBRAMANIAM, R. SAKTHIVEL
Periyathay – Appellant
Versus
Secretary to the Government, Home Prohibition and Excise Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in connection with the order of Detention passed by the second respondent dated 11.07.2024 in C3/D.O.No.38/2024 against the petitioner Son Thirupathi @ Appu Male aged 38 years S/o. Perumal who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.
The order of detention dated 11.07.2024 is sought to be assailed in the present habeas corpus petition.
2. 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.
3. In the instant case, the detenu was arrested on 21.05.2024 and thereafter, the detention order came to be passed on 11.07.2024. This fact is not disputed by the learned Additional Public Prosecutor.
4. In the case of 'Sushanta Kumar Banik Vs. State of Tripura', reported in 2022 LiveLaw (SC) 813', when there was an inordinate delay from the date of proposal till passing of the detention order and likewise, between the date
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.
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.
Inordinate delay in detention order issuance without explanation invalidates the order due to severed 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 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 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 if they sever the 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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