IMPORTANT POINT
Unreasonable delay in passing the detention order after the arrest of the detenu throws doubt on the genuineness of the subjective satisfaction of the detaining authority and snaps the live and proximate link between the grounds of detention and the purpose of detention, rendering the detention order invalid.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records made in impugned order No. 467/BCDFGISSSV/2023 dated 13.10.2023 on the file of the Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007, the second respondent herein and quash the same as illegal and direct the respondents to produce the detenu Sudhakar @ Sakkarai, aged about 26 years S/o Ulaganathan, now confined in Central Prison, Puzhal-II, Chennai-600066 and set him at liberty.

1. The petitioner herein, who is the mother of the detenu Sudhakar @ Sakkarai, aged about 26 years S/o Ulaganathan, has come forward with this petition challenging the detention order passed by the second respondent dated 13.10.2023 slapped on her son, branding him as “Goonda” under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that there is an inordinate delay in passing the order of detention.

4. In the instant case, the detenu was arrested on 07.09.2023 and thereafter, the detention order came to be passed on 13.10.2023. This fact is not disputed by the learned Additional Public Prosecutor.

5. In the case of Sushanta Kumar Banik vs. State of Tripura, 2022 Live Law (SC) 813, when there was an inordinate delay from the date of proposal till passing of the detention order and likewise, between the date of detention order and the actual arrest, the Hon'ble Supreme Court had held that the live and proximate link, between the grounds and the purpose of detention, stands snapped in arresting the detenu. The relevant observation of the Hon'ble Supreme Court is extracted hereunder:

“20. 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.”

6. Drawing 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 from the date of arrest/date of proposal till 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.

7. In 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. 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.

8. Accordingly, the detention order passed by the second respondent on 13.10.2023 in No. 467/BCDFGISSSV/2023, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu