Madras High Court
C.Jayabharathi vs The Secretary To Government on 1 April, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP No. 404 of 2025
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. 404 of 2025
C.Jayabharathi
W/o.Chinnappa, East Street,
Elavan Karkudi, Parithara Manickam
And Post, Tiruvarur Taluk And District.
Petitioner(s)
Vs
1. The Secretary To Government,
Home Prohibition And Excise
Department, Secretariat, Chennai-60
0009.
2.The District Collector And District
Magistrate
Thiruvarur, Thiruvarur District.
3.The Superintendent Of Police
Thiruvarur District, Thiruvarur.
4.The Superintendent Of Police
Central Prison, Thiruchirapalli.
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HCP No. 404 of 2025
5.The Inspector Of Police
Thiruvarur Taluk Police Station,
Thiruvarur.
Respondent(s)
PRAYER
To issue a Writ of Habeas Corpus or any other appropriate writ or order or
direction in the nature of writ calling for the records relating to the detention
order passed by the 2nd respondent pertaining to the order made in
C.O.C.37/2024 dated 07.10.2024 in detaining the detenue u/s.2(b) of Tamil
Nadu Act 14 of 1982 as GOONDA and quash the same and direct the
respondents to produce the detenue C.Santhosh, S/o.Chinnappa, male aged 21
years who is detained at Central prison, Trichirapalli before the Honble Court
and set him at liberty.
For Petitioner(s): M/s.S. Sekar
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., Santhosh
S/o.Chinnappa, aged about 21 years, confined at Central Prison,
Thiruchirappalli has come forward with this petition challenging the detention
order passed by the second respondent dated 07.10.2024 slapped on her son,
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branding him as "Goonda" 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 20.08.2024 and
thereafter, the detention order came to be passed on 07.10.2024. 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,
stands snapped in arresting the detenu. The relevant observation of the Hon'ble
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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
proximate link between the grounds and purpose of detention. Hence, in view
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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
07.10.2024 in C.O.C.37/2024, is hereby set aside and the Habeas Corpus
Petition is allowed. The detenu viz., Santhosh, S/o.Chinnappa, aged about 21
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,
Home Prohibition And Excise
Department, Secretariat, Chennai-60
0009.
2.The District Collector And District
Magistrate
Thiruvarur, Thiruvarur District.
3.The Superintendent Of Police
Thiruvarur District, Thiruvarur.
4.The Superintendent Of Police
Central Prison, Thiruchirapalli.
5.The Inspector Of Police
Thiruvarur Taluk Police Station,
Thiruvarur.
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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