Madras High Court
Rethinam vs State Of Tamilnadu on 1 August, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.1761 of 2024
fIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1761 of 2024
Rethinam ... Petitioner
Vs.
1.State of Tamilnadu,
Rep. by the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai – 600 009.
2.District Collector and District Magistrate,
Ariyalur District,
Ariyalur.
3.The Superintendent of Police,
Ariyalur District,
Ariyalur.
4.The Superintendent of Prison,
Central Prison,
Tiruchirappalli.
5.The Inspector of Police,
Keelapalur Police Station,
Ariyalur District. ... Respondents
Page 1 of 8
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HCP.No.1761 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the records relating to the
detention order in Cr.M.P.No.06/2024, dated 29.02.2024 passed by the
2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the
same and direct the respondents to produce the petitioner's son
Marimuthu @ Mass @ Masanam S/o.Irulandi aged about 21 years the
detenue, now confined in Central Prison, Tiruchirapalli before this
Hon'ble Court and set him at liberty.
For Petitioner : Mr.P.Praveen Kumar
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
The petitioner herein, who is the uncle of the detenu Marimuthu @
Mass @ Masanam, aged about 21 years, S/o.Irulandi, has come forward
with this petition challenging the detention order passed by the second
respondent dated 29.02.2024 slapped on the detenu, branding him as
"Goonda" under the Tamil Nadu Prevention of Dangerous Activities of
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Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders,
Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders,
Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of
1982].
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 25.01.2024 and
thereafter, the detention order came to be passed on 29.02.2024. This
fact is not disputed by the learned Additional Public Prosecutor.
5. In the case of 'Sushanta Kumar Banik Vs. State of Tripura',
reported in '2022 LiveLaw (SC) 1761', when there was an inordinate
delay from the date of proposal till passing of the detention order and
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likewise, between the date of detention order and the actual arrest, the
Hon'ble Supreme Court had held that the live and proximate link,
between the grounds and the purpose of detention, stands snapped in
arresting the detenu. The relevant observation of the Hon'ble Supreme
Court is extracted hereunder:-
“20. It is manifestly clear from a conspectus of the above
decisions of this Court, that the underlying principle is that
if there is unreasonable delay between the date of the order
of detention & actual arrest of the detenu and in the same
manner from the date of the proposal and passing of the
order of detention, such delay unless satisfactorily explained
throws a considerable doubt on the genuineness of the
requisite subjective satisfaction of the detaining authority in
passing the detention order and consequently render the
detention order bad and invalid because the “live and
proximate link” between the grounds of detention and the
purpose of detention is snapped in arresting the detenu. A
question whether the delay is unreasonable and stands
unexplained depends on the facts and circumstances of each
case.”
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6. Drawing inspiration from the judgment in Sushanta Kumar
Banik's case, a co-ordinate Bench of this Court in the case of 'Gomathi
Vs. Principal Secretary to Government and Others', reported in '2023
SCC OnLine Mad 6332', had held that when there is an inordinate delay
from the date of arrest/date of proposal till the order of detention, the live
and proximate link between them would also stand snapped and thereby,
had quashed the detention order on this ground.
7.In yet another case i.e., in 'Nagaraj Vs. State of Tamil Nadu',
reported in '(2018) 3 MWN (Cri) 428', this Court had held that the
delay of 36 days in passing the detention order after the arrest of the
detenu would snap the live and proximate link between the grounds and
purpose of detention. Hence, in view of the unexplained and inordinate
delay in passing the order of detention, after the arrest of the detenu, the
detention order in the present case, is liable to be quashed.
8. Accordingly, the detention order passed by the second
respondent on 29.02.2024 in Cr.M.P.No:06/2024, is hereby set aside and
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the Habeas Corpus Petition is allowed. The detenu Marimuthu @ Mass
@ Masanam, aged about 21 years, S/o.Irulandi, is directed to be set at
liberty forthwith, unless his confinement is required in connection with
any other case.
[M.S.R., J] [S.M., J]
01.08.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
Tsg
Note:-Registry shall forthwith return the booklet
containing the materials, on which, the
Detaining Authority has placed reliance,
to the petitioner/counsel for the petitioner
with due acknowledgment.
To
1.State of Tamilnadu,
Rep. by the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai – 600 009.
2.District Collector and District Magistrate,
Ariyalur District,
Ariyalur.
3.The Superintendent of Police,
Ariyalur District,
Ariyalur.
https://www.mhc.tn.gov.in/judis
4.The Superintendent of Prison,
Central Prison,
Tiruchirappalli.
5.The Inspector of Police,
Keelapalur Police Station,
Ariyalur District.
6.The Public Prosecutor,
High Court of Madras.
M.S.RAMESH, J.
and
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SUNDER MOHAN, J.
Tsg
01.08.2024
https://www.mhc.tn.gov.in/judis
