S. M. SUBRAMANIAM, V. SIVAGNANAM
Mohamed Razeen S/o Mohamed Ismail – Appellant
Versus
Union of India rep by The Joint Secretary to Government Ministry of Finance Department of Revenue (COFEPOSA Unit) Central Economic Intelligence Bureau 6th Floor, 'B' Wing, Janpath Bhawan New Delhi – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
The petitioner/detenu, viz., Mohamed Razeen, S/o Mohamed Ismail, aged 46 years, now confined at Central Prison-I, Puzhal, Chennai has come forward with this petition challenging the detention order passed by the first respondent in F.No.PD-12002/03/2024-COFEPOSA dated 13.08.2024.
2. Heard the learned counsel for the petitioner, the learned Senior Panel Counsel appearing for the respondents 1 & 2 as well as the learned Additional Public Prosecutor appearing for the 4th respondent.
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 28.06.2024 and thereafter, the detention order came to be passed on 13.08.2024. This fact is not disputed by the learned Senior Panel Counsel appearing for the respondents 1 & 2.
5. 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 arrest, the Hon'ble Supreme Co
Unexplained delay in passing a detention order invalidates it by severing the necessary 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 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 issuing a detention order after arrest disrupts the required connection between grounds and purpose, rendering the order invalid.
Inordinate and unexplained delay in detention orders 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 delay in passing detention orders affects their validity, severing the 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 delay in passing a preventive detention order renders it invalid, as it disrupts the essential link between grounds for detention and the purpose thereof.
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