Madras High Court
Karthika vs The Additional Chief Secretary To The on 14 October, 2025
Author: J.Nisha Banu
Bench: J. Nisha Banu
HCP No. 1512 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE S. SOUNTHAR
H.C.P No. 1512 of 2025
Karthika
W/o.Arunachalam, No.59, Richie
Street, Chindatripet, Chennai-600 002.
Petitioner(s)
Vs
1. The Additional Chief Secretary To The
Government,
Home, Prohibition and Excise (XVI)
Department, Secretariat,
Chennai-600 009.
2.The Commissioner Of Police,
Greater Chennai.
3.The Superintendent Of Prison,
Central Prison Puzhal,
Chennai District.
4.The Inspector Of Police,(Law & Order)
F-1, Chindatripet Police Station, Chennai
District.
Respondent(s)
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HCP No. 1512 of 2025
PRAYER
This Habeas Corpus Petition has been filed under Article 226 of the
Constitution of India to call for the entire records connected with the detention
order in No.330/BCDFGISSSV/2025 dated 09.06.2025 on the file of the
respondent No.2 and quash the same and direct the respondents to produce the
person of petitioner's husband one name Mr.Arunachalam, S/o.Achappan aged
about 28 years now confined at Central Prison, Puzhal, Chennai, before this
Honble Court and set him at liberty.
For Petitioner: Mr.P.Muthamizhselvakumar
For Respondents: Mr.A.Gokulakrishnan,
Additional Public Prosecutor
ORDER
J.NISHA BANU, J.
AND
S.SOUNTHAR, J.
The petitioner, who is the wife of the detenu viz., Arunachalam,
S/o.Achappan, aged about 28 years, confined at Central Prison, Puzhal,
Chennai, has come forward with this petition challenging the detention order
passed by the second respondent dated 09.06.2025 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].
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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 a delay in passing the order of
detention.
4. In the instant case, the detenu was arrested on 08.05.2025 and
thereafter, the detention order came to be passed on 09.06.2025. 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 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
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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.
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
09.06.2025 in No.330/BCDFGISSSV/2025, is hereby set aside and the Habeas
Corpus Petition is allowed. The detenu viz., Arunachalam, S/o. Achappan
aged about 28 years, 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.
(J.NISHA BANU J.) (S.SOUNTHAR J.)
14-10-2025
ASI
To
1.The Additional Chief Secretary To
The Government,
Home, Prohibition and Excise (XVI)
Department, Secretariat,
Chennai-600 009.
2.The Commissioner Of Police,
Greater Chennai.
3.The Superintendent Of Prison,
Central Prison Puzhal,
Chennai District.
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4.The Inspector Of Police,
(Law & Order)
F-1, Chindatripet Police Station,
Chennai District.
5. The Joint Secretary, Law & Order
Department, Secretariat,Chennai-9.
6. The Public Prosecutor,
High Court of Madras, Chennai.
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J.NISHA BANU, J.
AND
S.SOUNTHAR, J.
ASI
14-10-2025
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