Nivedha.K v. The Additional Chief Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-02-2026
CORAM
THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Nivedha.K D/o.Kuzhanthaivelu No.1/7, Rajaji Avenue Anex, Valasaravakkam, Chennai - 600 085.
Petitioner Vs
1. The Additional Chief Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.
2. The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.
3. The Superintendent Central Prison, Puzhal, Chennai 600 066.
4. The Inspector of Police F-2 Egmore Police Station, Chennai Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the 2nd respondent dated 02.08.2025 in No.532/BBCDEFGISSSV/2025 against the petitioner's husband Thiru.Jasveer alias Kevin, Male, aged 35 years, S/o.Johnson, who is confined at Central Prison, Chennai and to set aside the same and consequently direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.
For Petitioner:
Mr.R.Anbazhagan For Respondents:
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by P.Velmurugan J.) The petitioner, who is the wife of the detenu, viz., Thiru.Jasveer alias Kevin, S/o Johnson, aged 35 years, now confined at Central Prison, Chennai has come forward with this petition challenging the detention order passed by the second respondent in proceedings No.532/BBCDEFGISSSV/2025 dated 02.08.2025.
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. It is seen that though the detenu was arrested on 26.06.2025 in the ground case, the detention order came to be passed only on 02.08.2025 after an inordinate delay and such delay would snap the live and proximate link between the grounds and the purpose of detention. In view of the unexplained and
inordinate delay in passing the order of detention after the arrest of the detenu, the detention order is liable to be set aside.
5. In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings No.532/BBCDEFGISSSV/2025 dated 02.08.2025 on the file of the second respondent, is set aside. The detenu, namely, Thiru.Jasveer alias Kevin, S/o Johnson, aged about 35 years, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.
(P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 16-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss
To
1. The Additional Chief Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009.
2. The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.
3. The Superintendent Central Prison, Puzhal, Chennai 600 066.
4. The Inspector of Police F-2 Egmore Police Station, Chennai 5.The Public Prosecutor High Court, Madras.
P.VELMURUGAN J.
AND M.JOTHIRAMAN J.
ss 16-02-2026