Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S.M. SUBRAMANIAM, M.JOTHIRAMAN
Gopi – Appellant
Versus
Secretary to the Government – Respondent
| Table of Content |
|---|
| 1. habeas corpus petition against detention order. (Para 1 , 2) |
| 2. delay in passing detention order raises legal issues. (Para 3 , 4) |
| 3. inordinate delay between arrest and detention affects validity. (Para 5 , 6) |
| 4. failure to provide translated documents impacts representation rights. (Para 7 , 9) |
| 5. rights to legal representation. (Para 8) |
| 6. detention order quashed based on legal precedents. (Para 10 , 11) |
ORDER :
S.M.SUBRAMANIAM, J.
The preventive detention order passed by the second respondent in proceedings Rc.No.143/2024/M6-D.O.45/2024 dated 08.08.2024 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 03.06.2024 and thereafter, the detention order came to be passed on 08.08.2024. This fact is not disputed by the learned Additional Public Prosecutor.
5. In the case of ' Sushanta Kumar Banik Vs. State of Tripu
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.
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 delay in passing detention orders affects their validity, severing the 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 passing a preventive detention order invalidates the order due to severed live and proximate 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.
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 delay in passing a detention order invalidates it 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.
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
