Madras High Court
R.Anandha Kumari vs The Secretary To The Government on 1 August, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.959 of 2024
IN 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.959 of 2024
R.Anandha Kumari ... Petitioner/father of the detenu
Vs.
1.The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate of
Villupuram District, Villupuram.
3.The Superintendent of Police,
Villupuram District, Villupuram.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police,
Marakkanam Police Station,
Villupuram District. ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis
HCP.No.959 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the records in connection with
the order of detention passed by the second respondent dated 17.04.2024
in Rc.No.C2/14/2024 against the petitioner's father Ravichandiran, aged 58
years, S/o.Natrajan, confined at Central Prison, Cuddalore and set aside the
same and direct the respondents to produce the detenue before this Court
and set him at liberty.
For Petitioner : Mr.D.Balaji
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
The petitioner herein is the father of the detenu viz., Ravichandiran,
aged 58 years, S/o.Natrajan, confined at Central Prison, Cuddalore, has
come forward with this petition challenging the detention order passed by
the second respondent dated 17.04.2024 slapped on his son, branding him
as "Drug Offender" under the Tamil Nadu Prevention of Dangerous
https://www.mhc.tn.gov.in/judis
Activities of 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 13.03.2024 and
thereafter, the detention order came to be passed on 17.04.2024. 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) 813', when there was an inordinate delay
from the date of proposal till passing of the detention order and likewise,
https://www.mhc.tn.gov.in/judis
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.”
https://www.mhc.tn.gov.in/judis
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 17.04.2024 in Rc.No.C2/14/2024, is hereby set aside and the Habeas
https://www.mhc.tn.gov.in/judis
Corpus Petition is allowed. The detenu viz., Ravichandiran, aged 58 years,
S/o.Natrajan, confined at Central Prison, Cuddalore, 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
Neutral Citation: Yes/No
Anu
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.The Secretary to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The District Collector and District Magistrate of
Villupuram District, Villupuram.
3.The Superintendent of Police,
Villupuram District, Villupuram.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police,
https://www.mhc.tn.gov.in/judis
Marakkanam Police Station,
Villupuram District
6.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
Anu
01.08.2024
https://www.mhc.tn.gov.in/judis
