Madras High Court
Javed Ali vs The Secretary To The Government on 3 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP No. 3114 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-06-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN
HCP No. 3114 of 2024
1. Javed Ali
Petitioner
Vs
1. The Secretary To The Government,
Home Prohibition And Excise Department,
Secretariat, Chennai - 600 009.
2.District Magistrate And
District Collector Of Namakkal District,
Namakkal.
3.The Superintendent Of Police,
Namakkal District, Namakkal.
4.The Superintendent Of Prison,
Central Prison, Salem.
5.The Inspector Of Police,
Veppadai Police Station, Namakkal District.
Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue
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HCP No. 3114 of 2024
a Writ of Habeas Corpus, calling for the records in connection with the order of
Detention passed by the second respondent dated 12.11.2024 in
C.M.P.No.63/Goonda/2024/(M1) against the petitioner Brother Shabirkhan,
male aged 26 yrs S/o. Liyakath Ali, who is confined at Central Prison, Salem
and set aside the same and direct the respondents to produce the detenue before
the court and set him at liberty.
For Petitioner : Mr.D.Balaji
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.Ramesh J.)
The petitioner herein, who is the brother of the detenu namely Shabirkhan
aged about 26 years, has come forward with this petition challenging the
detention order passed by the second respondent dated 12.11.2024 issued
against his brother, 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].
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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 detenu was arrested on 27.09.2024 and
thereafter, the detention order came to be passed on 12.11.2024. 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:-
“20. It is manifestly clear from a conspectus of the above
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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.
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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
12.11.2024 in C.M.P.No.63/GOONDA/2024/(M1), is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu viz., Shabirkhan, aged about 26
years, S/o.Liyakath, is directed to be set at liberty forthwith, unless his
confinement is required in connection with any other case.
(M.S.RAMESH J.) (V.LAKSHMINARAYANAN J.)
03-06-2025
nl
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
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To
1.The Secretary To The Government,
Home Prohibition And Excise Department,
Secretariat, Chennai - 600 009.
2.District Magistrate And
District Collector Of Namakkal District,
Namakkal.
3.The Superintendent Of Police,
Namakkal District, Namakkal.
4.The Superintendent Of Prison,
Central Prison, Salem.
5.The Inspector Of Police,
Veppadai Police Station,
Namakkal District.
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M.S.RAMESH J.
AND
V.LAKSHMINARAYANAN J.
nl
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03-06-2025
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