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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Hariharan – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. quashing of preventive detention order. (Para 1) |
| 2. delay in detention order's issuance. (Para 3 , 4) |
| 3. supreme court on detention delay's impact. (Para 5) |
| 4. co-ordinate bench ruling on detention delays. (Para 6) |
| 5. inordinate delay renders detention invalid. (Para 7) |
| 6. order to set detenu free. (Para 8) |
ORDER :
1. The preventive detention order passed by the second respondent in proceedings BCDFGISSSV No.100/2024 dated 06.11.2024 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 27.09.2024 and thereafter, the detention order came to be passed on 06.11.2024. This fact is not disputed by the learned Additional Public Prosecutor.
5. In the case of Sushanta Kumar Banik Vs. State of Tripura, 2022 LiveLaw (SC) 813, when there was an inordinate delay from the date of proposal till passing of the detention order and
Inordinate delay in passing detention orders affects their validity, severing the 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 a preventive detention order invalidates the order due to severed live and proximate 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.
Unexplained delay in preventive detention orders can invalidate the detention due to the severance of the necessary link between grounds and purpose.
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 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 renders it invalid, as it disrupts the essential link between grounds for detention and the purpose thereof.
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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