Periyathay v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL H.C.P.No.1833 of 2024 Periyathay ... Petitioner/Mother of the detenue Vs.
1.
The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.
District Collector and District Magistrate of Tirupathur District, Tirupathur.
3.
The Superintendent of Police, Tirupathur District, Tirupathur.
4.
The Superintendent of Prison, Central Prison, Salem.
5.
The Inspector of Police, Kandili Police Station, Tirupathur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the records in connection with the order of Detention passed by the second respondent dated 11.07.2024 in C3/D.O.No.38/2024 against the petitioner Son Thirupathi @ Appu Male aged 38 years S/o. Perumal who is confined at Central Prison, Salem and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.
For Petitioner : Mr.D.Balaji For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention dated 11.07.2024 is sought to be assailed in the present habeas corpus petition.
2.
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.
3.
In the instant case, the detenu was arrested on 21.05.2024 and
thereafter, the detention order came to be passed on 11.07.2024. This fact is not disputed by the learned Additional Public Prosecutor. 4.
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.
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."
5.
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.
6.
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.
7. Accordingly, the detention order passed by the second respondent in C3/D.O.No.38/2024 dated 11.07.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Thirupathi @ Appu, aged about 38 years, now confined at Central Prison, Salem is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [R.S.V., J.] 28.08.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.
District Collector and District Magistrate of Tirupathur District, Tirupathur.
3.
The Superintendent of Police, Tirupathur District, Tirupathur.
4.
The Superintendent of Prison, Central Prison, Salem.
5.
The Inspector of Police, Kandili Police Station, Tirupathur District.
6.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
7.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND R.SAKTHIVEL, J.
veda H.C.P.No.1833 of 2024 23.08.2024