Jameem Nisha v. The State Of Tamilnadu Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3232 of 2024 Jameen Nisha ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.State rep. By its, Inspector of Police, B-1, North Beach Police Station, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to

issue a Writ of Habeas Corpus, calling for the records relating to the proceedings of the 2nd respondent herein No.1108/BCDFGISSSV/2024 dated 06.11.2024 and quash the same and produce the detenue Asik Ali, male, aged 28 years, S/o.Shahul Ameed, TPDA No.6489 now detained at Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner : Mr.K.G.Senthilkumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the 2nd respondent in proceedings No.1108/BCDFGISSSV/2024 dated 06.11.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. 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 04.10.2024 and

thereafter, the detention order came to be passed on 06.11.2024. 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.

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 Proceedings No.1108/BCDFGISSSV/2024 dated 06.11.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz. Asik Ali, male, aged 28 years, S/o.Shahul Ameed, TPDA No.6489 now detained at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [S.M.S., J.] [M.J.R., J.] 09.01.2025 Index: Yes/No Internet:Yes/No gd

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

gd To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Tiruppur City.

3.The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.

4.The Superintendent of Prison, Central Prison, Coimbatore.

5.The Joint Secretary to Government Public (Law and Order), Fort ST.George, Chennai - 9.

6.The Public Prosecutor, Madras High Court.

H.C.P.No.3232 of 2024 09.01.2025