Madras High Court
Vasantha vs The Secretary To The Government on 1 April, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP No. 3133 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
HCP No. 3133 of 2024
VASANTHA
W/o.Ganesaprabhu, No.1115, Mohan
Comples, Kuravan Kuppam And Post,
Periyakurichi , Neyveli, Cuddalore
District
Petitioner(s)
Vs
1. The Secretary To The Government
Government To Tamilnadu, Home,
Prohibition And Excise Department,
Secretariat, Fort St.George,
Chennai-600 009
2.The District Collector And
District Magistrate, Mayiladuthurai
District, Mayiladuthurai
3.The Supreintendent Of Police
Mayiladuthurai District At
Mayiladuthurai
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HCP No. 3133 of 2024
4.The Inspector Of Police
Mayiladuthurai Police Station,
Mayiladuthurai
5.The Superintendent
Central Prison, Tiruchirapalli
Respondent(s)
PRAYER
To issue a writ , order or direction and in more particularly the writ in the nature
of a Writ of Habeas Corpus calling for the entire records connected with the
order of the 2nd respondent herein in C.O.C.No.38/2024 dated 14.10.2024
passed against the Petitioner's son /Detenu namely Senathipathi son of
Ganesaprabhu, aged about 27 years , as a Sexual Offender who is confined at
Central Prison, Tiruchirapalli and set aside the same and consequently, directing
the respondent herein to produce the Detenu, before this Hon'ble Court and set
him at liberty forthwith
For Petitioner(s): M/s.T.R.Ravi
For Respondent(s): Mr.R.Muniyapparaj
Additional Public Prosecutor
Assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
AND
N.SENTHILKUMAR, J.
The petitioner, who is the mother of the detenu viz., Senathipathi
S/o.Ganesaprabhu, aged about 27 years, confined at Central Prison,
Thiruchirappalli has come forward with this petition challenging the detention
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order passed by the second respondent dated 14.10.2024 slapped on her son,
branding him as "Sexual Offender" 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 detenue was arrested on 04.09.2024 and
thereafter, the detention order came to be passed on 14.10.2024. 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,
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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.”
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
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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
14.10.2024 in C.O.C.No.38/2024, is hereby set aside and the Habeas Corpus
Petition is allowed. The detenu viz., Senathipathi, S/o.Ganesaprabhu, aged
about 27 years, confined at Central Prison, Thiruchirappalli, is directed to be set
at liberty forthwith, unless his confinement is required in connection with any
other case.
(M.S.RAMESH J.) (N.SENTHILKUMAR J.)
01-04-2025
ASI
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1.The Secretary To Government
Government To Tamilnadu, Home,
Prohibition And Excise Department,
Secretariat, Fort St.George,
Chennai-600 009
2.The District Collector And
District Magistrate, Mayiladuthurai
District, Mayiladuthurai
3.The Supreintendent Of Police
Mayiladuthurai District At
Mayiladuthurai
4.The Inspector Of Police
Mayiladuthurai Police Station,
Mayiladuthurai
5.The Superintendent,
Central Prison, Tiruchirapalli
6. The Public Prosecutor,
High Court of Madras, Chennai.
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M.S.RAMESH J.
AND
N.SENTHILKUMAR J.
ASI
01-04-2025
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