A.Sakilla v. Home, Prohibition and Excise Department

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.S.Jai Ganesh, learned counsel for Mr.M.Gurumoorthy, learned counsel for the petitioner and Mr.A.Amarnath, learned counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents.

¶2The mother of one Anbuneethi (detenu), S/o. Anbarasan, who was detained as a 'Goonda' under Section 2(f) of the Tamil Nadu Act 14 of 1982 (in short 'Act') has approached this Court challenging the order of detention dated

16.10.2025.

¶3It is seen from the impugned order and the grounds of detention that the detenu was arrested on 16.09.2025 and he was detained on 16.10.2025. We do not find any satisfactory explanation for the delay in passing the order of detention either in the grounds of detention or in the counter affidavit filed by the 2nd respondent. Hence, we are of the view that the live and proximate link between grounds of detention and the purpose of detention stands snapped.

¶4In Sushanta Kumar Banik Vs. State of Tripura (2022 LiveLaw (SC) 813), a similar issue arose, and the relevant discussion 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."

¶5Drawing 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 (2023 SCC OnLine Mad 6332), had held that when there is an inordinate delay between the date of arrest/date of proposal and 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.

¶6In yet another case i.e., in Nagaraj Vs. State of Tamil Nadu, ((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. In the present case, the delay is a month, and unexplained and for this reason, vitiates the order, rendering it liable to be quashed.

¶7In light of the aforesaid discussion, we are of the considered view that there is neither a proximate link between the arrest (16.09.2025) and order of detention (16.10.2025), and nor is there any credible material brought on record by the detaining authority to substantiate his subjective satisfaction.

¶8That apart, the case of the co-accused in HCP.No.1062 of 2026 has also been allowed on the same ground.

¶9Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.O.C.No.43/2025 dated 16.10.2025 is set aside.

¶10The detenu, viz., Anbuneethi, S/o.Anbarasan, male aged 20 years, confined in Central Prison, Cuddalore, 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.) 29-07-2026 vs Index: Yes/No Speaking order Note to Registry: Issue Today. To

¶1The Secretary to the Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600009.

¶2The District Collector and District Magistrate, Office of the District Collector, Mayiladuthurai District.

¶3The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

¶4The Superintendent of the Prison, Central Prison-Cuddalore, Cuddalore District.

¶5The Deputy Superintendent of Police, Mayiladuthurai Sub division, Mayiladuthurai District.

¶6The Public Prosecutor, High Court, Madras.

¶7The Joint Secretary to Government Public (Law and Order), Secretariat, Fort St.George, Chennai – 9. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs 29-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN A.Sakilla W/o.Anbarasan, No.90, Periya Street, Adiyamangalam Village, Mayiladuthurai Taluk, Mayiladuthurai District. ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep by its Secretary to the Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600009. 2. The District Collector and District Magistrate, Office of the District Collector, Mayiladuthurai District. 3. The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai, Mayiladuthurai District. 4. The Superintendent of the Prison, Central Prison-Cuddalore, Cuddalore District. 5. The Deputy Superintendent of Police, Mayiladuthurai Sub division, Mayiladuthurai District. ..Respondent(s) Prayer: Habeas Corpus Petition filed under Article 226 of Constitution of India to issue WRIT OF HABEAS CORPUS or any other appropriate writ calling for the records relating to the detention order in C.O.C.No.43/2025 dated 16.10.2025 passed by the 2nd Respondent, quash the same, and direct the respondents to produce the Petitioner son Anbuneethi S/o.Anbarasan aged about 20 years the detenu, now confined in Central prison Cuddalore before this Hon'ble Court and set him at liberty and pass such further or appropriate orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr. S. Jai Ganesh for Mr.M.Gurumoorthy For Respondent(s): Mr.A.Amarnath Counsel For Government Of Tamil Nadu (Criminal Side)