Jeyasudha v. The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Mrs.Jeyasudha W/o Nagaraj ..
Petitioner v.
1. The Additional Chief Secretary to Government Home, Prohibition and Excise (XVI) Department Fort St.George, Secretariat, Chennai 600 009
2. The District Collector and District Magistrate Office of the District Collector and Magistrate Coimbatore District
3. The Superintendent of Police Office of the Superintendent of Police Coimbatore District
4. The Superintendent of Prison Central Prison at Coimbatore
5. The Inspector of Police Negamam Police Station Coimbatore ..
Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records in detention order in No.Cr.M.P.No.44/G/2024 dated 22.07.2024 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the Cousin brother of petitioner/detenu Mr.Manikandan @ Mani, S/o Karuppusamy, aged 29 years, now confined in Central Prison at Coimbatore before this Hon'ble Court and set him at liberty. For Petitioner ::
M/s R.Subadra Devi For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The petitioner herein, who is the cousin sister of the detenu, viz., Manikandan @ Mani, S/o Karuppusamy, aged 29 years, now confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent in Cr.M.P.No.44/G/2024 dated 22.07.2024.
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 an inordinate delay in passing the order of detention.
4. In the instant case, the detenu was arrested on 15.06.2024 and thereafter, the detention order came to be passed on 22.07.2024. 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 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.
8. Accordingly, the detention order passed by the second respondent in Cr.M.P.No.44/G/2024 dated 22.07.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Manikandan @ Mani, S/o Karuppusamy, aged 29 years, now confined at Central Prison, Coimbatore is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. Index : yes (S.M.S.,J.) (V.S.G.,J.) 28.10.2024 ss
To
1. The Additional Chief Secretary to Government Home, Prohibition and Excise (XVI) Department Fort St.George, Secretariat, Chennai 600 009
2. The District Collector and District Magistrate Office of the District Collector and Magistrate Coimbatore District
3. The Superintendent of Police Office of the Superintendent of Police Coimbatore District
4. The Superintendent of Prison Central Prison at Coimbatore
5. The Inspector of Police Negamam Police Station Coimbatore
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 28.10.2024