Madras High Court
Syed Khader vs State Of Tripura' on 5 November, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
H.C.P.No.2636 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
H.C.P.No.2636 of 2024
Syed Khader
S/o Syed Kappar .. Petitioner
v.
1. State of Tamil Nadu
rep by its Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Chennai 600 009
2. The Commissioner of Police
Greater Chennai, Chennai
3. The Inspector of Police
J-8 Neelankarai Police Station, Chennai
4. The Superintendent
Central Prison, Puzhal, Chennai .. Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, to call for the entire records
relating to petitioner's detention under Tamil Nadu Act 14 of 1982 vide
detention order dated 12.09.2024 on the file of the second respondent
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H.C.P.No.2636 of 2024
herein made in proceedings BCDFGISSSV No.947/2024 and quash the
same as illegal and consequently direct the respondents herein to produce
the petitioner, namely, Syed Khader, aged 24 years, son of Syed Kappar,
before this Hon'ble High Court and set him at liberty, now petitioner
detained at Central Prison, Puzhal, Chennai 600 066.
For Petitioner :: Mr.C.C.Chellappan
For Respondents :: Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The petitioner/detenu, viz., Syed Khader, S/o Syed Kappar, aged 24
years, now confined at Central Prison, Puzhal, Chennai has come forward
with this petition challenging the detention order passed by the second
respondent in proceedings BCDFGISSSV No.947/2024 dated 12.09.2024.
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
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passing the order of detention.
4. In the instant case, the detenu was arrested on 28.07.2024 and
thereafter, the detention order came to be passed on 12.09.2024. 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:-
“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
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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.
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
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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
in proceedings BCDFGISSSV No.947/2024 dated 12.09.2024 is hereby set
aside and the habeas corpus petition is allowed. The detenu viz., Syed
Khader, S/o Syed Kappar, aged 24 years, now confined at Central Prison,
Puzhal, Chennai is directed to be set at liberty forthwith, unless his
confinement is required in connection with any other case.
Index : yes (S.M.S.,J.) (M.J.R.,J.)
Neutral citation : yes/no 05.11.2024
ss
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To
1. The Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Chennai 600 009
2. The Commissioner of Police
Greater Chennai, Chennai
3. The Inspector of Police
J-8 Neelankarai Police Station, Chennai
4. The Superintendent
Central Prison, Puzhal, Chennai
5. The Public Prosecutor
High Court, Madras
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S.M.SUBRAMANIAM,J.
AND
M.JOTHIRAMAN,J.
ss
05.11.2024
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