Shakila Banu v. The Special Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 31.10.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1111 of 2025 Shakila Banu ... Petitioner/ Mother of the detenu
Versus
1. The Special Secretary to Government (Home) Govt. of Puducherry Chief Secretariat, Goubert Avenue Puducherry - 605 001
2. The Secretary to the Lieutenant Governer Rajnivas, Puducherry
3. The District Magistrate-cum-Authorized Officer
4. The Superintendent of Police Puducherry North
5. The Superintendent of Prison Central Prison Kalapet, Puducherry 1/6
6. The Station House Officer Reddiyarpalayam Police Station .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the third respondent dated 27.05.2025 in No.01/DM/RO/D2/PPASAA/2025 against my son Sharukhan, male, aged 25 years, son of Basha as a "Dangerous Person and Goonda" who is confined at Central Prison, Kalapet, Puducherry and set aside the same and consequently direct the respondents to produce the detenu before this Court.
For Petitioner :
Mr.A.Murugavel For Respondents :
Mr.M.V.Ramachandramurthy Additional Public Prosecutor (Pondy)
O R D E R
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the mother of the detenu Sharukhan, male, aged 25 years, son of Basha, has come forward with this petition challenging the detention order passed by the second respondent dated 27.05.2025 bearing reference No.01/DM/RO/D2/PPASAA/2025 slapped on her son, branding him as "Dangerous Person and Goonda" under the Puducherry Prevention of Anti-Social Activities Act, 2008 (Act No.10 of 2/6
2010) read with order issued by the Home Department, Government of Puducherry in G.O.Ms.No.6 dated 11th March 2025.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for petitioner submitted that live and proximate link between the grounds of detention and purpose of detention has snapped as the petitioner was remanded to judicial custody on 25.04.2025 but the impugned detention order has been passed on 27.05.2025.
4. The learned Additional Public Prosecutor, submits to the contrary by saying that the time was consumed in this exercise of collecting the materials. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned Prosecutor is unacceptable.
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5. In Sushanta Kumar Banik's case [Sushanta Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw (SC) 813 : 2022 SCC OnLine SC 1333] which arose under 'Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988' [hereinafter 'PIT NDPS Act' for the sake of brevity] in Tirupura, after considering the proposal by the Sponsoring Authority and after noticing the trajectory the matter took, Hon'ble Supreme Court held that the 'live and proximate link between grounds of detention and purpose of detention snapping' point should be examined on a case to case basis. Hon'ble Supreme Court has held in Banik case law that this point has two facets. One facet is 'unreasonable delay' and other facet is 'unexplained delay'. We find that the this matter falls under latter facet i.e., unexplained delay. Hence, on this ground, the detention order is liable to be set aside.
6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2nd respondent dated 27.05.2025 in No.01/DM/RO/D2/PPASAA/2025 is hereby set aside. The detenu viz., 4/6
Sharukhan, male, aged 25 years, son of Basha, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 31.10.2025 Index: Yes/No gpa To
1. The Special Secretary to Government (Home) Govt. of Puducherry Chief Secretariat, Goubert Avenue Puducherry - 605 001
2. The Secretary to the Lieutenant Governer Rajnivas, Puducherry
3. The District Magistrate-cum-Authorized Officer
4. The Superintendent of Police Puducherry North
5. The Superintendent of Prison Central Prison Kalapet, Puducherry
6. The Station House Officer Reddiyarpalayam Police Station
6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 7.The Public Prosecutor High Court, Madras.
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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa H.C.P.No.1111 of 2025 31.10.2025 6/6