Back
S. M. SUBRAMANIAM, V. SIVAGNANAM
Valliyammal – Appellant
Versus
State of Tamil Nadu represented by its Secretary, 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, calling for the records of the detention order in detention order in C.M.P.No.48/Goonda/2024 (M1) dated 23.08.2024 on the file of the second respondent herein, and quash the same and direct the respondents herein to produce the body of the detenu Kaliyamoorthy S/o. Manickam, Hindu, aged about 42 years, who is now confined in Central Prison, Salem before this Court and set him at liberty.
The preventive detention order passed by the second respondent dated 23.08.2024 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. 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, the detenu was arrested on 21.07.2024 and thereafter, the detention order came to be passed on 23.08.2024. This fact is not disputed by the learned Additional Public Prosecutor.
5. In the case of 'Sushanta Kumar B
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.
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.
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.
Unexplained delays in preventive detention orders violate personal liberty and render such orders invalid.
Inordinate delays in detention orders can invalidate the order if they sever the link between grounds and purpose of detention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
