Madras High Court
Shakila vs The State Of Tamil Nadu on 11 October, 2023
HCP.No.1036/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.10.2023
CORAM
THE HONOURABLE MR . JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1036/2023
Shakila .. Petitioner
Versus
1.The State of Tamil Nadu
rep.by the Secretary
Prohibition & Excise Department
Fort St George, Chennai 600 009.
2.The District Collector & District Magistrate
Mayiladuthurai, Mayiladuthurai District.
3.The Superintendent of Prison
Central Prison, Tiruchirappalli
Thiruchirappalli District.
4.The Superintendent of Police
Mayiladuthurai, Mayiladuthurai District.
5.The Inspector of Police
Manalmedu Police Station
Mayiladuthurai, Mayiladuthurai District. .. Respondents
1
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HCP.No.1036/2023
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for a Writ of Habeas Corpus calling for the records of the
detention order dated 02.05.2023 in detention order in C.O.C. No.22/2023
on the file of the 2nd respondent herein and quash the same and direct the
respondents herein to produce the body of the detenu Sozhiyankottagam
Kalaivanan @ Kalaivanan, S/o.Anbazhagan, Hindu, aged about 38 years
who is now confined in Central Prison, Thiruchirappalli, before this Court
and set him at liberty.
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
(1)The petitioner, wife of the detenu Shozhiyankottagam Kalaivanan @
Kalaivanan, has come forward with this petition challenging the detention
order passed by the 2nd respondent dated 02.05.2023 slapped on her
husband, branding him as "Goonda" under the Tamil Nadu Prevention of
Dangerous Activities 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
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HCP.No.1036/2023
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
23.03.2023, the Detention Order was passed only on 02.05.2023.
(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
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
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HCP.No.1036/2023
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 03.05.2023 in COC.No.22/2023, is hereby set aside and
the Habeas Corpus Petition is allowed. The detenu
viz.,Shozhiyankottagam Kalaivanan @ Kalaivanan, S/o.Anbazhagan,
aged about 38 years, is directed to be set at liberty forthwith unless he is
required in connection with any other case.
[S.S.S.R., J.] [S.M, J.]
11.10.2023
AP
To
1.The Secretary
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HCP.No.1036/2023
State of Tamil Nadu
Prohibition & Excise Department
Fort St George, Chennai 600 009.
2.The District Collector & District Magistrate
Mayiladuthurai, Mayiladuthurai District.
3.The Superintendent of Prison
Central Prison, Tiruchirappalli
Thiruchirappalli District.
4.The Superintendent of Police
Mayiladuthurai, Mayiladuthurai District.
5.The Inspector of Police
Manalmedu Police Station
Mayiladuthurai, Mayiladuthurai District.
6.The Public Prosecutor
High Court, Madras.
S.S.SUNDAR, J.,
AND
SUNDER MOHAN, J.,
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HCP.No.1036/2023
AP
H.C.P.No.1036/2023
11.10.2023
https://www.mhc.tn.gov.in/judis
