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2024 Supreme(Mad) 1252

S. M. SUBRAMANIAM, V. SIVAGNANAM
Bargath – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Tamilselvan.
For the Respondent: E. Raj Thilak.

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records relating to the detention order vide no. 45/BCDFGISSSV/2024 dated 14.05.2024, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Alla Bakash, S/o. Masthan, aged 22 years, (who is presently under going detention in the Central Prison, Puzhal) before this Court and set him at liberty.

1. The preventive detention order passed by the second respondent dated 14.05.2024 is sought to be assailed in the present habeas corpus petition.

2. The Special Report submitted by the sponsoring Authority is un-dated. That apart the adverse cases relied on with reference to Crime Nos.1294/2021, 19/2022 and 719/2022 have no close proximity. To establish likelihood of causing breach of public order, there must be a proximity with the adverse cases, which all are relied on by the detaining Authority. Certain old cases, which were pending for a long time alone cannot be a ground to invoke Act 14 of 1982. Nexus link and proximity of relied on cases are of paramount importance for the purpose of forming a

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