[Cites 2, Cited by 0]
Madras High Court
Sairabanu vs The Secretary To The Government on 16 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.1730 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No. 1730 of 2025
SAIRABANU, Female aged 47 years,
W/o. Jemesha,
No.7/181B, Kuniyamuthur Post,
Sugunapuram East,
Coimbatore South,
Coimbatore District.
.. Petitioner
vs
1.The Secretary to the Government,
Home Prohibition and Excise Department,
Secretariat, Fort St. George,
Chennai 600 009.
2.The Commissioner of Police/ Detaining Authority,
Coimbatore City,
Coimbatore District.
3.The Superintendent of Prison,
Central Prison- Coimbatore,
Coimbatore District.
4.State rep. by its
The Inspector of Police,
D-5, Sundarapuram Police Station,
Coimbatore District.
...Respondents
1/6
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H.C.P.No.1730 of 2025
Prayer: Petition filed under Article 226 of the Constitution of India
praying to issue to writ of habeas corpus to call for the entire records,
relating to the petitioner’s son detention under Tamil Nadu Act 14 of
1982 vide detention order, dated 07.08.2025 on the file of the second
respondent herein made in proceedings C.No.134/G/IS/2025, quash the
same as illegal and consequently direct the respondents herein to produce
the petitioner’s son namely J.Nizarudeen S/o. Jemesha, aged 29 years
before this Hon’ble High Court and set the petitioner’s son at liberty from
detention, now the petitioner’s son detained at Central Prison,
Coimbatore.
For Petitioner : Mr.D.Akash Kumar
for Mr.W.Camyles Gandhi
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by Dr.ANITA SUMANTH, J.)
We have heard Mr.D.Akash Kumar, for Mr.W.Camyles Gandhi,
learned counsel for the petitioner and Mr.R.Muniyapparaj, learned
Additional Public Prosecutor assisted by Mr.M.Sylvester John, for the
respondents.
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2.The mother of the detenu J.Nizarudeen has instituted this
petition challenging detention order dated 07.08.2025 which was
proceeded by an arrest on 08.07.2025.
3.This HCP is liable to be allowed on the simple ground of the
respondent not having established any live or proximate link between the
date of arrest and date of detention, which is nearly a month.
4.In Sushanta Kumar Banik Vs. State of Tripura, reported in
2022 LiveLaw (SC) 813, the Supreme Court has settled the proposition
that there must be a live and proximate link between the grounds of
detention and the purpose thereof.
5.Having regard to the elapse of one month between the arrest and
the detention for which no justification whatsoever has been put forth,
we are of the considered view that no link has been established in the
present case. The relevant paragraph of the aforesaid judgment is as
follows:
“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
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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.In light of the above, this Habeas Corpus Petition is allowed and
the Detention Order passed by the second respondent in
C.No.134/G/IS/2025, dated 07.08.2025 is set aside.
7. The detenu, viz., J.Nizarudeen, S/o. Jemesha, aged 29 years,
now confined in Central Prison, Coimbatore, is directed to be set at
liberty forthwith, unless his presence is required in connection with any
other case.
[A.S.M, J.] [S.M, J.]
16.03.2026
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
vs
Note to Registry : Issue Today.
To
1.The Secretary to the Government,
Home Prohibition and Excise Department,
Secretariat, Fort St. George,
Chennai 600 009.
2.The Commissioner of Police/ Detaining Authority,
Coimbatore City,
Coimbatore District.
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3.The Superintendent of Prison,
Central Prison- Coimbatore,
Coimbatore District.
4.The Inspector of Police,
D-5, Sundarapuram 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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DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
vs
16.03.2026
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