Madras High Court
Vijaya vs The Secretary To Government on 19 September, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
HCP.No.2167 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MRS. JUSTICE N.MALA
H.C.P.No.2167 of 2024
Vijaya ... Petitioner/Mother of the
detenue
Vs.
1. The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police
(Goondas Section),
Vepery,
Chennai - 600 007.
3. The Superintendent of Prison,
Central Prison - Puzhal,
Chennai District.
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HCP.No.2167 of 2024
4. State rep.by its
The Inspector of Police,
Thiruvotriyur Police Station,
Chennai District. ... Respondents
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 23.07.2024 on the file of the second respondent herein made in
proceedings Memo No.791/BCDFGISSSV/2024 quash the same as illegal
and consequently direct the respondents herein to produce the petitioner's
son namely Ram @ Ramachandran S/o. Subbaiya, aged 31 years before this
Court and set the petitioner's son at liberty from detention, now the
petitioner's son detained at Central Prison, Puzhal, Chennai.
For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr. E. Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The preventive detention order passed by the second respondent dated
23.07.2024 is sought to be quashed in the present habeas corpus petition.
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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 detenue was arrested on 14.06.2024 and
thereafter, the detention order came to be passed on 23.07.2024. 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
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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.”
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
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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 in proceedings No.791/BCDFGISSSV/2024 dated 23.07.2024 is
hereby set aside and the Habeas Corpus Petition is allowed. The detenue
viz., Ram @ Ramachandran S/o. Subbaiya, aged 31 years, 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.
[S.M.S., J.] [N.M., J.]
19.09.2024
Index : Yes/No
Speaking Order : Yes/No
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Neutral Citation : Yes/No
veda
To
1. The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Fort St.George,
Chennai - 600 009.
2. The Joint Secretary to Government,
Public (Law and Order) Department,
Fort St.George, Chennai - 9.
3. The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police
(Goondas Section),
Vepery,
Chennai - 600 007.
4. The Superintendent of Prison,
Central Prison - Puzhal,
Chennai District.
5. State rep.by its
The Inspector of Police,
Thiruvotriyur Police Station,
Chennai District.
6. The Public Prosecutor,
Madras High Court,
Chennai - 104.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
N.MALA, J.
veda
19.09.2024
https://www.mhc.tn.gov.in/judis
