Madras High Court
Selvi vs The Secretary To Government on 2 August, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.1569 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.1569 of 2024
Selvi ... Petitioner
Vs.
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police/
Detaining Authority,
Huzur Road, Coimbatore City,
Coimbatore – 18.
3.The Superintendent of Police,
Central Prison – Coimbatore,
Coimbatore District.
4.State rep. by its
The Inspector of Police,
All Women Police Station, (Central),
Coimbatore City,
Coimbatore District. ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis
HCP.No.1569 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the entire records, relating to
the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide
detention order, dated 30.04.2024 on the file of the second respondent
herein made in proceedings Memo C.No.39/G/IS/2024, quash the same
as illegal and consequently direct the respondents herein to produce the
petitioner's son namely K.Sri Vignesh, S/o.Kannan, aged 46 years before
this Hon'ble High Court and set the petitioner's son at liberty from
detention, now the petitioner's son detained at Central Prison,
Coimbatore.
For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
The petitioner herein, who is the mother of the detenu K.Sri
Vignesh, aged about 19 years, S/o.Kannan, has come forward with this
petition challenging the detention order passed by the second respondent
dated 30.04.2024 slapped on her son, branding him as "Sexual Offender"
https://www.mhc.tn.gov.in/judis
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].
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 21.03.2024 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) 1569', when there was an inordinate
https://www.mhc.tn.gov.in/judis
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:-
“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 30.04.2024 in C.No.39/G/IS/2024, is hereby set aside and
https://www.mhc.tn.gov.in/judis
the Habeas Corpus Petition is allowed. The detenu K.Sri Vignesh, aged
about 19 years, S/o.Kannan, 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
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.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Police/
Detaining Authority,
Huzur Road, Coimbatore City,
Coimbatore – 18.
https://www.mhc.tn.gov.in/judis
3.The Superintendent of Police,
Central Prison – Coimbatore,
Coimbatore District.
4.State rep. by its
The Inspector of Police,
All Women Police Station, (Central),
Coimbatore City,
Coimbatore District.
5.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
Tsg
02.08.2024
https://www.mhc.tn.gov.in/judis
