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S. M. SUBRAMANIAM, V. SIVAGNANAM
Annapathiratai – Appellant
Versus
Principal Secretary to Government – 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 13.05.2024 in Cr.M.P.No.42/GOONDA/2024 against the petitioner's son Rajesh alias Rajeshkumar, Male aged 27 years S/o. Chinnadurai, who is confined at Central Prison, Coimbatore and set aside the same and direct the respondent to produce the detenue before this Court and set him at liberty.
The preventive detention order passed by the second respondent dated 13.05.2024 is sought to be quashed in the present habeas corpus petition.
2. The relied on case was registered in the year 2020. Other three cases in Crime Nos.461 of 2022, 267 of 2022 and 1271 of 2022 are of registered in the year 2022 and the ground case alone has been registered in 2024. The close proximity of the relied of the cases are doubtful.
3. That apart there is a delay of more than twos and a half months in passing the impugned detention order, which would provide a ground for drawing an inference that application of mind lacks.
4. In the instant case, the detenu was arrested on 07.03.2024 a
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 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 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.
Unexplained delays in preventive detention orders violate personal liberty and render such orders invalid.
Inordinate delays in detention orders can invalidate the order due to the severance of the necessary link between 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 issuing a detention order after arrest disrupts the required connection between grounds and purpose, rendering the order invalid.
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