Madras High Court
Sharmila vs The Secretary To The Government on 20 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.682 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
H.C.P.No.682 of 2025
Sharmila
Petitioner(s) /wife of the detenue
Vs
1. The Secretary to the Government,
Home Prohibition and Excise
Department, Secretariat, Chennai
-600 009.
2.Commissioner of Police/Detaining
Authority
Avadi City.
3.The Superintendent,
Central Prison, Puzhal, Chennai
District.
4.State Rep.By,
The Inspector of Police
Ambattur Police Station, Chennai
District.
Respondent(s)
Page 1 of 8
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HCP.No.682 of 2025
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
order or Detention passed by the 2nd Respondent dated 21.02.2025 in
No.28/BCDFGISSSV/2025 against the petitioner's husband Rajesh Kumar
@ Rajesh, aged 21 years, son of Rajendran,, confined at Central Prison,
Puzhal, Chennai and set aside the same and consequently direct the
Respondents to produce the detenue before the 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, Rajesh Kumar @
Rajesh, aged 21 years, son of Rajendran,, confined at Central Prison,
Puzhal, Chennai, has come forward with this petition challenging the
detention order passed by the second respondent dated 21.02.2025 issued
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against her son, 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 detenu was arrested on 31.12.2024 and
thereafter, the detention order came to be passed on 21.02.2025. 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
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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
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.”
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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 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 21.02.2025 in No.28/BCDFGISSSV/2025, is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu viz., Rajesh Kumar @
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Rajesh, aged 21 years, son of Rajendran,, confined at Central Prison,
Puzhal, Chennai, 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]
20.06.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
To
1. The Secretary to the Government,
Home Prohibition and Excise
Department, Secretariat, Chennai
-600 009.
2.Commissioner of Police/Detaining
Authority
Avadi City.
3.The Superintendent,
Central Prison, Puzhal, Chennai
District.
4.The Inspector of Police
Ambattur Police Station, Chennai
District.
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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.
Anu
20.06.2025
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