Unexplained delay in making a preventive detention order renders it unacceptable.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire connected with the impugned order of detention passed by the 2nd respondent in COC No. 57/2022 dated 01.12.2022 and quash the same, consequently direct the respondents to produce the detenu, namely the petitioner''s son Kabilan, S/o.Gurumoorthi, aged about 22 years, detained in the Central Prison, Trichy, before this Court and set him at liberty.)

M. SUNDAR, J

1. When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 20.06.2023, this Court made the following order:

''Captioned Habeas Corpus Petition has been filed in this Court on 06.06.2023 inter alia assailing a detention order dated 01.12.2022 bearing reference C.O.C.No.57/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.

2. To be noted, mother of detenu is the petitioner.

3. Mr.T.Elumalai, learned counsel on record for petitioner is before us. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offence under Section 302 of ''Indian Penal Code, 1860 (Act 45 of 1860)'' [''IPC'' for the sake of brevity] in Crime No.46 of 2022 on the file of Mayiladuthurai Railway Police Station.

4. The aforementioned detention order has been made on the premise that the detenu is a ''Goonda'' under Section 2(f) of ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forestoffenders, Goondas, Immoral traffic offenders, Sandoffenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)'' [hereinafter ''Act 14 of 1982'' for the sake of convenience and clarity].

5. The detention order has been assailed inter alia on the ground that live and proximate link between the grounds of detention and purpose of detention has snapped as the date of remand of the detenu in the ground case is 30.10.2022 but the impugned preventive detention order has been made only on 01.12.2022.

6. Prima facie case made out for admission. Admit. Issue Rule nisi returnable by four weeks.

7. Mr.E.Raj Thilak, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.''

2. The aforementioned order made in the 20.06.2023 Admission listing shall be read as an integral part and parcel of this order which means that the short forms, short references and abbreviations used in the order in the Admission listing shall be used in the instant order also.

3. There is no adverse case. The ground case which is the sole substratum of the impugned preventive detention order is Crime No.46 of 2022 on the file of Mayiladuthurai Railway Police Station for alleged offence under Section 302 IPC. Owing to the nature of the challenge to the impugned preventive detention order, it is not necessary to delve into the factual matrix or be detained further by facts.

4. Mr.T.Elumalai, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.

5. As would be evident from the Admission Board order dated 20.06.2023 (more particularly paragraph 5 thereat), at the time of admission, learned counsel for HCP petitioner projected the point that live and proximate link between the grounds of detention and purpose of detention has snapped and reiterated the same point in the Final Hearing Board today. Learned counsel for petitioner submits that ''live and proximate link'' between the grounds of detention and purpose of detention has snapped as date of arrest in the ground case is 30.10.2022 but the impug