Madras High Court
Rameshkumar vs The Additional Chief Secretary To The ... on 18 July, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
H.C.P.No.1095 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025
CORAM
THE HONOURABLE Mr. JUSTICE M.S.RAMESH
AND
THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN
H.C.P.No.1095 of 2025
Rameshkumar .. Petitioner
Vs.
1.The Additional Chief Secretary to the Government
Home, Prohibition and Excise (XVI) Department
Secretariat, Chennai 9
2.The District Collector and District Magistrate
Nagapattinam District
3.The Superintendent of Police
O/o.The Superintendent of Police
Nagapattinam District
4.The Superintendent of Prison
Central Prison, Cuddalore
Cuddalore District
5.The Circle Inspector of Police
Nagore Circle Police Station
Nagapattinam District .. Respondents
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:37:24 pm )
H.C.P.No.1095 of 2025
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a writ of Habeas Corpus to call for the entire records connected with
the detention C.O.C.No.08/2025 on 10.04.2025 on the file of R2 and quash the
same and direct the respondents to produce the petitioner's brother named
Ramadoss, S/o.Natarajan, aged about 42 years, now confined at Central Prison,
Cuddalore, before this Court and set him at liberty forthwith.
For petitioner : Mr.P.Muthamizh Selvakumar
For respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND V. LAKSHMINARAYANAN, J.
The petitioner herein, who is the brother of the detenu, Ramadoss, S/o.Natarajan, aged about 42 years, confined at Central Prison, Cuddalore, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 10.04.2025 issued against his brother, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
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2. Heard the learned counsel for the petitioner and 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 05.02.2025 and thereafter, the detention order came to be passed on 10.04.2025. 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:-
3/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:37:24 pm ) H.C.P.No.1095 of 2025 “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 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:37:24 pm ) H.C.P.No.1095 of 2025 arrest of the detenu, the detention order in the present case, is liable to be quashed.
8. Accordingly, the detention order passed by the 2nd respondent on 10.04.2025 in C.O.C.No.08/2025, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Ramadoss, S/o.Natarajan, aged about 42 years, confined at Central Prison, Cuddalore, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
(M.S.R.,J.) (V.L.N.,J.) 18.07.2025 Index : Yes/No Neutral Citation : Yes/No gya 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:37:24 pm ) H.C.P.No.1095 of 2025 M.S.RAMESH, J.
AND V.LAKSHMINARAYANAN, J.
gya To
1.The Additional Chief Secretary to the Government Home, Prohibition and Excise (XVI) Department Secretariat, Chennai 9
2.The District Collector and District Magistrate Nagapattinam District
3.The Superintendent of Police O/o.The Superintendent of Police Nagapattinam District H.C.P.No.1095 of 2025
4.The Superintendent of Prison Central Prison, Cuddalore Cuddalore District
5.The Circle Inspector of Police Nagore Circle Police Station Nagapattinam District
6.The Joint Secretary Law and Order Department Secretariat, Chennai
7.The Public Prosecutor High Court, Madras 18.07.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:37:24 pm )