Madras High Court
Rajendhiran vs State Of Tamil Nadu on 10 October, 2023
H.C.P.No.1043 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1043 of 2023
Rajendhiran ... Petitioner
Vs.
1.State of Tamil Nadu,
Represented by the Secretary,
Home, Prohibition and Excise Department,
Fort St. George, Chennai – 600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Chengalpattu District,
Chengalpattu.
3.The Superintendent of Police,
Chengalpattu District.
4.The Superintendent of Prison,
Central Prison,
Puzhal,
Chennai District.
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H.C.P.No.1043 of 2023
5.The Inspector of Police,
Chengalpattu Taluk Police Station,
Chengalpattu District. ... Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Habeas Corpus to call for the
records relating to the Detention Order vide CPT No.32/2023 dated
24.05.2023 passed by the second respondent herein and quash the same and
to direct the respondents to produce the petitioner's brother's son namely
Surya, S/o. Thulukkanam, aged 24 years, who is presently undergoing
detention in the Central Prison, Puzhal, Chennai, before this Honble Court
and set him at liberty.
For Petitioner : Mr.N.Arun Kumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.S. SUNDAR, J.)
The petitioner, uncle of the detenu Surya, S/o. Thulukkanam, has
come forward with this petition challenging the detention order passed by
the 2nd respondent dated 24.05.2023 slapped on his brother's son, branding
him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities
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H.C.P.No.1043 of 2023
of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral
Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act,
1982 [Tamil Nadu Act 14 of 1982].
2.Heard the learned counsel for the petitioner and 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 a delay in passing the order
of detention. In the present case, though the detenu was arrested on
16.04.2023, the Detention Order was passed only on 24.05.2023.
4.The Hon'ble Supreme Court in the case of Sushantha Kumar
Banik Vs. State of Tripura and Others reported in AIR 2022 SC 4715, has
dealt with similar situation and has held in paragraph No.21 as follows:-
“In the present case, the circumstances indicate that
the detaining authority after the receipt of the proposal
from the sponsoring authority was indifferent in
passing the order of detention with greater
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H.C.P.No.1043 of 2023
promptitude. The “live and proximate link” between
the grounds of detention and the purpose of detention
stood snapped in arresting the detenu. More
importantly the delay has not been explained in any
manner & though this point of delay was specifically
raised & argued before the High Court as evident from
Para 14 of the impugned judgment yet the High Court
has not recorded any finding on the same.”
5.The Hon'ble Supreme Court was persuaded to allow the Appeal
filed before it mainly on the ground that delay in passing the Order of
Detention from the date of the proposal would snap the ''live and proximate
link'' between prejudicial activities and the purpose of detention. Therefore,
failure on the part of the Detaining Authority in explaining such delay as in
the present case also is a valid ground for quashing the Detention Order.
6.In view of the aforesaid reason, the detention order passed by the 2nd
respondent dated 24.05.2023 in CPT No.32/2023, is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu viz., Surya, S/o.
Thulukkanam, aged 24 years, is directed to be set at liberty forthwith unless
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H.C.P.No.1043 of 2023
he is required in connection with any other case.
(S.S.S.R., J.) (S.M., J.)
10.10.2023
mkn
Internet : Yes
Index : Yes / No
Neutral Citation : Yes / No
To
1.The Secretary,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St. George, Chennai – 600 009.
2.The District Collector and District Magistrate,
Office of the District Collector and District Magistrate,
Chengalpattu District,
Chengalpattu.
3.The Superintendent of Police,
Chengalpattu District.
4.The Superintendent of Prison,
Central Prison,
Puzhal,
Chennai District.
S.S. SUNDAR, J.
and
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H.C.P.No.1043 of 2023
SUNDER MOHAN, J.
mkn
5.The Inspector of Police,
Chengalpattu Taluk Police Station,
Chengalpattu District.
6.The Public Prosecutor,
High Court, Madras.
H.C.P.No.1043 of 2023
10.10.2023
https://www.mhc.tn.gov.in/judis
