Selvam v. State of Tamil Nadu Rep. by the Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The brother of the detenu – Babu, S/o.Marukutti, aged 36 years, has filed this petition challenging the detention order dated 21.11.2025, 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 13.10.2025 and he was detained on

21.11.2025. 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 Cr.M.P.No.53/G/2025 dated 21.11.2025 is set aside.

7.The detenu, viz.,Babu, S/o.Marukutti, aged 36 years, now confined in Central Prison, Coimbatore, 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.) 21-07-2026 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 District Collector and District Magistrate, Office of the District Collector and District Magistrate, Coimbatore District.

¶3The Superintendent of Police, Coimbatore District.

¶4The Superintendent of Prison Central Prison, Coimbatore District.

¶5The Inspector of Police Mettupalayam Police Station, Coimbatore District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶7The Public Prosecutor, High Court of Madras. 21-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Selvam S/o.Marukutti, No.C-8, Vennal Street, Mettupalayam, Coimbatore District. ..Petitioner/ Brother 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 District Collector and District Magistrate, Office of the District Collector and District Magistrate, Coimbatore District. 3. The Superintendent of Police, Coimbatore District. 4. The Superintendent of Prison Central Prison, Coimbatore District. 5. The Inspector of Police Mettupalayam Police Station, Coimbatore District. ..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 vide Cr.M.P.No.53/G/2025 dated 21.11.2025, passed by the Second Respondent and quash the same and direct the respondents herein to produce the petitioner's brother namely Babu, S/o.Marukutti, aged 36 years, (who is presently under going detention in the Central Prison, Coimbatore), before this Court and set him at liberty. For Petitioner(s): Mr..C.Ramkumar For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)