Madras High Court
Kalaivani … vs The Secretary To The Government on 9 July, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.895 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
H.C.P.No.895 of 2025
Kalaivani … Petitioner
Vs
1.The Secretary to the Government,
Home Prohibition & Excise Department,
Secretariat,
Chennai – 600 009.
2.Commissioner of Police/Detaining Authority,
Coimbatore City,
Coimbatore District.
3.The Superintendent,
Central Prison,
Coimbatore.
4.State Rep. by
The Inspector of Police,
Vadavalli Police Station,
Coimbatore District. … Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus, to call for the records in connection with the
Page 1 of 8
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HCP.No.895 of 2025
order of the Detention passed by the 2nd respondent dated 01.04.2025 in
c.No.47/G/IS/2025 against the petitioner's husband G.Jaganth Singh, M/45
years, son of Gunasingh, who is confined at Central Prison, Coimbatore and
set aside the same and consequently, direct the respondents to produce the
detenue before this Court and set him at liberty.
For Petitioner : Mr.A.Saranraj
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
The petitioner herein, who is the wife of the detenu, G.Jaganath
Singh S/o. Gunasingh, aged about 45 years, now confined at Central Prison,
Coimbatore, has come forward with this petition challenging the detention
order passed by the second respondent dated 01.04.2025 issued against her
husband, 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
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[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 31.01.2025 and
thereafter, the detention order came to be passed on 01.04.2025. 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
on 01.04.2025 in C.No.47/G/IS/2025, is hereby set aside and the Habeas
Corpus Petition is allowed. The detenue viz., G.Jaganath Singh, aged about
45 years, S/o.Gunasingh, is directed to be set at liberty forthwith, unless his
confinement is required in connection with any other case.
[M.S.R., J] [V.L.N., J]
09.07.2025
nl
Index: Yes/No
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Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
To
1.The Secretary to the Government,
Home Prohibition & Excise Department,
Secretariat,
Chennai – 600 009.
2.Commissioner of Police/Detaining Authority,
Coimbatore City,
Coimbatore District.
3.The Superintendent,
Central Prison,
Coimbatore.
4.State Rep. by
The Inspector of Police,
Vadavalli Police Station,
Coimbatore District.
5.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
6.The Public Prosecutor,
High Court, Madras.
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M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
nl
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09.07.2025
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