Madras High Court
Kalaiselvi vs The Secretary To The Government on 2 August, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
H.C.P.No.1082 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1082 of 2024
Kalaiselvi .. Petitioner/
Sister of the detenue
Versus
1. The Secretary to the Government,
Home Prohibition and Excise Dept.,
Secretariat, Chennai - 600 009.
2. District Collector and District Magistrate of
Tiruvannamalai District, Tiruvannamalai.
3. The Superintendent of Police,
Tiruvannamalai District, Tiruvannamalai.
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Santhavasal Police Station,
Tiruvannamalai 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 in connection with the order of detention passed by the second
respondent, dated 30.04.2024 in D.O.No.21/2024-C2 against the petitioner
https://www.mhc.tn.gov.in/judis
1/8
H.C.P.No.1082 of 2024
brother Sekar, male, aged 37 years, S/o.Karunanithi, who is confined at
Central Prison, Vellore and set aside the same and direct the respondents to
produce the detenue before the 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 sister of the detenu viz., Sekar,
S/o.Karunanithi, aged about 37 years, confined at Central Prison, Vellore,
has come forward with this petition challenging the detention order passed
by the second respondent dated 30.04.2024 slapped on her brother, branding
him as "Bootlegger" under the Tamil Nadu Prevention of Dangerous
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].
https://www.mhc.tn.gov.in/judis
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 14.03.2024 and
thereafter, the detention order came to be passed on 30.04.2024. 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,
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:-
https://www.mhc.tn.gov.in/judis
“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.”
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.
https://www.mhc.tn.gov.in/judis
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 30.04.2024 in D.O.No.21/2024, is hereby set aside and the Habeas
Corpus Petition is allowed. The detenu viz., Sekar, S/o.Karunanithi, aged
about 37 years, confined at Central Prison, Vellore, 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]
02.08.2024
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
https://www.mhc.tn.gov.in/judis
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.
https://www.mhc.tn.gov.in/judis
To
1. The Secretary to the Government,
Home Prohibition and Excise Dept.,
Secretariat, Chennai - 600 009.
2. District Collector and District Magistrate of
Tiruvannamalai District, Tiruvannamalai.
3. The Superintendent of Police,
Tiruvannamalai District, Tiruvannamalai.
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Santhavasal Police Station,
Tiruvannamalai District.
6. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
grs
02.08.2024
https://www.mhc.tn.gov.in/judis
