Kareem Nisha v. State of Tamil Nadu, Rep.By

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Mohamed Abbas, S/o.Anwar Ali, aged about 21 years, has filed this petition challenging the detention order dated 03.11.2025, branding him as a 'Drug Offender' under Section 2(e) 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 26.09.2025 and he was detained on

03.11.2025. 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 & 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 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.893/BBCDEFGISSSV/2025 dated 03.11.2025 is set aside.

7.The detenu, viz.,Mohamed Abbas, S/o.Anwar Ali, aged about 21 years, 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.) 15-07-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today ars

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. ars To

¶1The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Fort St.George, Chennai 600 009.

¶2The Commissioner of Police Greater Chennai, Vepery, Chennai-7

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

¶4The Inspector of Police, D-1, Triplicane Police Station, Chennai

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

¶6The Public Prosecutor, High Court of Madras. 15-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kareem Nisha W/o.Anwar Ali, No.25, Velayutham Street, Mannadi, Chennai 600 001 ..Petitioner/ Mother of the Detenu Vs 1. State of Tamil Nadu, Rep.by The Additional Chief Secretary to Government Home Prohibition and Excise Department, Fort St.George, Chennai 600 009. 2. The Commissioner of Police Greater Chennai, Vepery, Chennai-7 3. The Superintendent of Prison Central Prison, Puzhal, Chennai -66 4. The Inspector of Police, D-1, Triplicane Police Station, Chennai ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in Memo No.893/BBCDEFGISSSV/2025 dated 03.11.2025 passed by the 2nd Respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's Son Mohamed Abbas, S/o.Anwar Ali, the detenue now confined in Central Prison, Puzhal, Chennai, before this Court and set the petitioner's son Mohamed Abbas, S/o.Anwar Ali, aged about 21 years the detenue herein at liberty. For Petitioner(s): Mr.N.Naresh For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)