Shanthi v. The Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu - Kathiravan @ Agaram Kathir, aged 32 years, S/o.Vetriselvam, has filed this petition challenging the detention order dated

03.09.2025, branding him as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2Heard the learned counsel for the petitioner and the learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

¶3It is seen from the impugned order and the grounds of detention that the detenu was arrested on 01.08.2025 and he was detained on 03.09.2025. Neither in the grounds of detention nor in the counter affidavit filed by the 2nd respondent, any satisfactory explanation has been given for the delay in passing the order of detention. We are of the view that in view of the delay, the live and proximate link between grounds of detention and the purpose of Page3 of 6 detention, stood snapped. In this regard, we may rely upon the judgment of the Hon'ble Supreme Court in 'Sushanta Kumar Banik Vs. State of Tripura', reported in '2022 SCC OnLine SC 1333' and the relevant paragraph reads as follows: "21. 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."

¶4Drawing 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 the grounds and purpose of detention would stand snapped. Page4 of 6

¶5In 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.

6.In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order No. 628/BBCDEFGISSSV/2025, dated 03.09.2025 is set aside.

7.The detenu, viz., Kathiravan @ Agaram Kathir, aged 32 years, S/o.Vetriselvam, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 08-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order copy today. dk Page5 of 6 To

¶1The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai.

¶3The Superintendent of Prison, Central Prison, Puzhal, Chennai-66.

¶4The Inspector of Police, Law & Order K-7, ICF Police Station, Chennai.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.2618oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2618oofo2025 08-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Shanthi W/o.Vetriselvam, 26 7/2, Parthasarathy Street, Agaram, Jawahar Nagar, Chennai, Tamil Nadu - 600 082. ...Petitioner/Mother of the Detenu Vs 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66. 4. The Inspector of Police, Law & Order, K-7, ICF Police Station, Chennai. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 03.09.2025 in Memo No.628/BBCDEFGISSSV/2025 against the petitioner's son namely Page2 of 6 Kathiravan @ Agaram Kathir, Male aged 32 years, S/o.Vetriselvam, who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenue before the Court and set him at liberty. For Petitioner: Mr.S. Senthilvel For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)