IMPORTANT POINT
Unexplained and inordinate delay in issuing a detention order can invalidate the order by severing the necessary link between grounds and purpose of detention.

ORDER :

S.M.SUBRAMANIAM, J.

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 13.05.2024 in Cr.M.P.No.42/GOONDA/2024 against the petitioner's son Rajesh alias Rajeshkumar, Male aged 27 years S/o. Chinnadurai, who is confined at Central Prison, Coimbatore and set aside the same and direct the respondent to produce the detenue before this Court and set him at liberty.

The preventive detention order passed by the second respondent dated 13.05.2024 is sought to be quashed in the present habeas corpus petition.

2. The relied on case was registered in the year 2020. Other three cases in Crime Nos.461 of 2022, 267 of 2022 and 1271 of 2022 are of registered in the year 2022 and the ground case alone has been registered in 2024. The close proximity of the relied of the cases are doubtful.

3. That apart there is a delay of more than twos and a half months in passing the impugned detention order, which would provide a ground for drawing an inference that application of mind lacks.

4. In the instant case, the detenu was arrested on 07.03.2024 and thereafter, the detention order came to be passed on 13.05.2024. This fact is not disputed by the learned Additional Public Prosecutor.

5. In the case of 'Sushanta Kumar Banik Vs. State of Tripura', reported in 2022 LiveLaw (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', 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 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', 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.

8. Accordingly, the detention order passed by the second respondent in Cr.M.P.No.42/GOONDA/2024 dated 13.05.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Rajesh alias Rajeshkumar, Male aged 27 years S/o. Chinnadurai, who is confined at Central Prison, Coimbatore is directed to be set at liberty forthwith, unless his confinement is required