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S. M. SUBRAMANIAM, V. SIVAGNANAM
Krishnakumar – Appellant
Versus
State of Tamilnadu, Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) 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, calling for the records of the detention made in D.O.No.83/BCDFGISSSV/2024 dated 25.06.2024, the second respondent herein and set aside the same and direct the respondents to produce the detenu Krishna Kumar, aged 34 years, now confined in Central Prison, Puzhal, Chennai before this Court and set the detenu Krishna Kumar at liberty.
The preventive detention order passed by the second respondent dated 25.06.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. In the instant case, the detenu was arrested on 23.05.2024 and thereafter, the detention order came to be passed on 25.06.2024. 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 of detention order and the actual a
Unexplained delays in preventive detention orders violate personal liberty and render such orders invalid.
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.
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 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.
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 detention order issuance without explanation invalidates the order due to severed 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.
Inordinate delay in detention order issuance can invalidate the order by severing the necessary link between grounds and purpose of detention.
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