Madras High Court
Naseema Banu vs State Of Tamil Nadu Rep.By The on 27 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.637 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
H.C.P.No.637 of 2025
Naseema Banu
Petitioner(s) /sister of the detenue
Vs
1. State of Tamil Nadu Rep.by the
Secretary to Government,
Home, Prohibition and Excise
Department, Secretariat, Chennai-600
009.
2.The Commissioner of
Police/Detaining Authority,
Office of the Commissioner of Police,
Coimbatore City, Coimbatore.
3.The Superintendent of Prison,
Central Prison, Coimbatore,
Coimbatore District.
4.The Inspector of police,
Prohibition Enforcement Wing,
Coimbatore City.
Page 1 of 8
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HCP.No.637 of 2025
Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus, to call for the records relating to the
Detention Order vide Memo C.No.24/G/IS/2025 dated 11.03.2025, passed
by the Second Respondent and quash the same and direct the respondents
herein to produce the petitioner's brother namely A.Sathik, son of Abdulla,
aged 25 years, (who is presently under going detention in the Central
Prison, Coimbatore), before this Court and set him at liberty.
For Petitioner : Mr.S.N. Arun Kumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
The petitioner herein, who is the sister of the detenu, A.Sathik, son of
Abdulla, aged 25 years, confined at Central Prison, Coimbatore, has come
forward with this petition challenging the detention order passed by the
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second respondent dated 11.03.2025 issued against her brother, branding
him as "Drug Offender" 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 09.02.2025 and
thereafter, the detention order came to be passed on 11.03.2025. This fact is
not disputed by the learned Additional Public Prosecutor.
5. In the case of 'Sushanta Kumar Banik Vs. State of Tripura',
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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
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.
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8. Accordingly, the detention order passed by the second respondent
on 11.03.2025 in Memo C.No.24/G/IS/2025, is hereby set aside and the
Habeas Corpus Petition is allowed. The detenu viz., A.Sathik, son of
Abdulla, aged 25 years, confined at Central Prison, Coimbatore, 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]
27.06.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
To
1. Secretary to Government,
Home, Prohibition and Excise
Department, Secretariat, Chennai-600
2.The Commissioner of
Police/Detaining Authority,
Office of the Commissioner of Police,
Coimbatore City, Coimbatore.
3.The Superintendent of Prison,
Central Prison, Coimbatore,
Coimbatore District.
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4.The Inspector of police,
Prohibition Enforcement Wing,
Coimbatore City.
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
27.06.2025
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