Madras High Court
Jesudoss vs State Of Tripura' on 21 January, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
H.C.P.No.2835 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
H.C.P.No.2835 of 2024
Jesudoss
S/o Anthonysamy .. Petitioner
v.
1. The State of Tamil Nadu
rep.by its Secretary to Government (Home)
Prohibition and Excise Department
Secretariat, Fort St.George, Chennai 600 009
2. The District Collector and District Magistrate
Tiruvarur District, Tiruvarur
3. The Superintendent of Police
Tiruvarur District, Tiruvarur
4. The Superintendent of Prison
Now at District Prison, Pudukkottai
Pudukkottai District
5. The Inspector of Police
Needamangalam Police Station
Tiruvarur District .. Respondents
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H.C.P.No.2835 of 2024
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, to call for the records pertaining to
the order of detention passed in C.O.C.No.34/2024 dated on 28.09.2024
passed by the 2nd respondent and set aside the same and directing the
respondents to produce the petitioner's son by name Manoj @
Manonirmalraj, Son of Jesudoss, aged about 25 years, before this Hon'ble
Court, now confined in District Prison, Pudukottai and set him at liberty.
For Petitioner :: Ms.R.Pandimeena
For Respondents :: Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The petitioner, who is the father of the detenu, viz., Manoj @
Manonirmalraj, S/o Jesudoss, aged 25 years, now confined at Central
Prison, Tiruchirappalli/District Prison, Pudukottai has come forward with
this petition challenging the detention order passed by the second
respondent in proceedings C.O.C.No.34/2024 dated 28.09.2024.
2. Heard the learned counsel for the petitioner as well as the learned
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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 17.08.2024 and
thereafter, the detention order came to be passed on 28.09.2024. 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:-
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“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
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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. Moreover, the ground case
was registered on account of personal vengeance between the de-facto
complainant and the accused person. Such criminal case can be dealt with
by the police authorities under the ordinary law.
8. In view of the aforesaid reasons, the detention order passed by the
second respondent in proceedings C.O.C No.34/2024 dated 28.09.2024 is
hereby set aside and the habeas corpus petition is allowed. The detenu viz.,
Manoj @ Manonirmalraj, S/o Jesudoss, aged 25 years, now confined at
Central Prison, Tiruchirappalli/District Prison, Pudukkottai is directed to be
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set at liberty forthwith, unless his confinement is required in connection
with any other case.
Index : yes/no (S.M.S.,J.) (M.J.R.,J.)
Neutral citation : yes/no 21.01.2025
ss
To
1. The Secretary to Government (Home)
Prohibition and Excise Department
Secretariat, Fort St.George, Chennai 600 009
2. The District Collector and District Magistrate
Tiruvarur District, Tiruvarur
3. The Superintendent of Police
Tiruvarur District, Tiruvarur
4. The Superintendent of Prison
District Prison, Pudukkottai
5. The Superintendent of Prison
Central Prison, Tiruchirappalli
6. The Inspector of Police
Needamangalam Police Station
Tiruvarur District
7. The Public Prosecutor
High Court, Madras
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S.M.SUBRAMANIAM,J.
AND
M.JOTHIRAMAN,J.
ss
21.01.2025
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