Ramachandiran v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ramachandiran ... Petitioner Vs.
1.State of Tamil Nadu, Represented by the Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Chengalpattu District, Chengalpattu.
3.The Superintendent of Police, 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
5.The Inspector of Police, Chengalpattu Taluk Police Station, ... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the records relating to the Detention Order vide CPT No.33/2023 dated 25.05.2023 passed by the second respondent herein and quash the same and to direct the respondents to produce the petitioner's brother's son namely Logesh Babu, S/o.Velu, aged 27 years, who is presently undergoing detention in the Central Prison, Puzhal, Chennai, before this Honble Court and set him at liberty.
For Petitioner :
Mr.N.Arun Kumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, uncle of the detenu Logesh Babu, S/o.Velu, has come
forward with this petition challenging the detention order passed by the 2nd respondent dated 25.05.2023 slapped on his brother's son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2.Heard the learned counsel for the petitioner and 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. In the present case, though the detenu was arrested on 16.04.2023, the Detention Order was passed only on 25.05.2023. 4.The Hon'ble Supreme Court in the case of Sushantha Kumar Banik Vs. State of Tripura and Others reported in AIR 2022 SC 4715, has dealt with similar situation and has held in paragraph No.21 as follows:-
"In the present case, the circumstances indicate that the detaining authority after the receipt of the proposal from the sponsoring authority was indifferent in passing the order of detention with greater promptitude. The "live and proximate link" between the grounds of detention and the purpose of detention stood snapped in arresting the detenu. More importantly the delay has not been explained in any manner & though this point of delay was specifically raised & argued before the High Court as evident from Para 14 of the impugned judgment yet the High Court has not recorded any finding on the same."
5.The Hon'ble Supreme Court was persuaded to allow the Appeal filed before it mainly on the ground that delay in passing the Order of Detention from the date of the proposal would snap the ''live and proximate link'' between prejudicial activities and the purpose of detention. Therefore, failure on the part of the Detaining Authority in explaining such delay as in the present case also is a valid ground for quashing the Detention Order. 6.In view of the aforesaid reason, the detention order passed by the 2nd
respondent dated 25.05.2023 in CPT No.33/2023, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Logesh Babu, S/o.Velu, aged 27 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.
(S.S.S.R., J.) (S.M., J.) 10.10.2023 mkn Internet : Yes Index : Yes / No To 1.The Secretary, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Chengalpattu District, Chengalpattu.
3.The Superintendent of Police, 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
S.S. SUNDAR , J.
and SUNDER MOHAN, J.
mkn 5.The Inspector of Police, Chengalpattu Taluk Police Station, 6.The Public Prosecutor, High Court, Madras.
10.10.2023