Maneer Ahmed v. The Secretary to the Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The father of the detenu – M.Muntaqueem Ahmed, aged 32 years, S/o.Maneer Ahmed, has filed this petition challenging the detention order Page3 of 7 dated 10.11.2025, branding him as a '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 03.10.2025 and he was detained on

10.11.2025. The respondents have not satisfactorily explained the delay in passing the order of detention either in the grounds of detention or in the counter affidavit. We are of the view that in view of the delay, the live and proximate link between grounds of detention and the purpose of detention, is 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 & Page4 of 7 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.

¶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 Page5 of 7 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.

¶6In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.155/ BBCDEFGISSSV/2025 dated 10.11.2025 is set aside.

7.The detenu, viz., M.Muntaqueem Ahmed, aged 32 years, S/o.Maneer Ahmed, 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.) 13-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. dk Page6 of 7 To

¶1The Secretary to the Government, Government of Tamilnadu, (Home) Prohibition and Excise Department, Fort St.George, Chennai – 9.

¶2The Commissioner of Police, Tambaram City, O/o. The Commissioner of Police, (Goondas Section) Sholinganallur, Chennai - 600 119.

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

¶4The Inspector of Police, T-21, Kilambakkam Police Station, Guduvancherry, Chengalpattu District.

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

¶6The Public Prosecutor, High Court of Madras. HCPoNo.2583oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2583oofo2025 13-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Maneer Ahmed S/o.Bashir Ahmed, Dollygunj beside Electricity Site Office, Sri Vijayapuram, Andaman and Nicobar, Island - 744105. ...Petitioner/Father of Detenue Vs 1. The Secretary to the Government, Government of Tamilnadu, (Home), Prohibition and Excise Department, Fort St.George, Chennai – 9. 2. The Commissioner of Police, Tambaram City, O/o. The Commissioner of Police, (Goondas Section) Sholinganallur, Chennai - 600 119. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. Page2 of 7 4. The Inspector of Police, T-21, Kilambakkam Police Station, Guduvancherry, Chengalpattu District. ...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 Detention order No.155/ BBCDEFGISSSV/2025 dated 10.11.2025 served on 13.11.2025 against the petitioner's son M.Muntaqueem Ahmed, aged about 32 years, who is now confined in the Central Prison, Puzhal, Chennai in pursuance of the detention order and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty. For Petitioner: Mr.R.C.Paul Kanagaraj for Mr.P.Sidharthan For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)