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2026 Supreme(Online)(Mad) 56720
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Bhuvaneswari – Appellant
Versus
Secretary to Government – Respondent
HCP Nos. 2223, 2224, 2229 and 2230 of 2025
For the Appellants/Petitioners: W.Camyles Gandhi
For the Respondents: C.R. Malarvannan
Statements recorded under Section 161 of the Cr.P.C. or Section 180(3) of the BNSS during investigation are inadmissible to support the subjective satisfaction of a detaining authority regarding a detenu's potential release on bail, as they do not constitute credible material for such a purpose.
Headnote:(A) Tamil Nadu Act 14 of 1982 - Detention order - Subjective satisfaction of detaining authority - Reliance upon unsigned and undated statements of relatives to infer likelihood of bail - Such statements recorded under Section 161 Cr.P.C. or Section 180(3) BNSS serve investigation purposes, not the subjective satisfaction of the detaining authority - In absence of credible evidence regarding efforts to secure bail, detention order stands vitiated. (Paras 6, 7, 12, 13)
Facts of the case:
The petitioners challenged the detention orders of their husbands, who were detained under the Tamil Nadu Act 14 of 1982. The detaining authority relied on statements of relatives to infer that the detenus were attempting to secure bail and were likely to be released, despite no formal bail applications having been filed.
Findings of Court:
The court found that statements recorded under S.161 of Cr.P.C. or S.180(3) of BNSS are intended for investigation purposes and cannot be used to establish the credibility required for subjective satisfaction in preventive detention cases, particularly when unsigned.
Issues: Whether statements taken under S.161 Cr.P.C. (or S.180(3) BNSS) can be relied upon by the detaining authority to support subjective satisfaction regarding the likelihood of a detenu coming out on bail.
Ratio Decidendi: Statements recorded during police investigation under S.161 Cr.P.C. or S.180(3) BNSS are inherently insufficient to support the subjective satisfaction of a detaining authority regarding the risk of a detenu obtaining bail, as these statements are for investigative purposes and lack the necessary independent credibility for detention satisfaction.
Result: Petitions allowed; detention orders set aside.
| Table of Content |
|---|
| 1. challenge to detention orders based on allegations of goonda status. (Para 1 , 2 , 3 , 4) |
| 2. unsigned investigation statements cannot sustain subjective satisfaction for preventive detention. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. quashing of detention orders and order for release of detenus. (Para 14 , 15) |
Prayer in HCP No. 2223 of 2025 :
Habeas Corpus petition filed under article 226 of Constitution of India for issuance of writ of Habeas Corpus to call for the entire records, relating to the petitioner’s husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dt. 15.10.2025 on the file of the 2nd respondent herein made in proceedings C.M.P.No.70/Goonda/Salem City/2025 quash the same as illegal and consequently direct the respondents to produce the petitioner’s husband namely Kannan, S/o.Murugan aged 30 years before this Hon’ble High Court and set the petitioner’s husband at liberty from detention, now the petitioner’s husband detained at Central Prison, Salem, and thus render justice.
Prayer in HCP No. 2224 of 2025 :
Habeas Corpus petition filed under article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate writ, order or direction, in the nature of a Writ of habeas Corpus to call for the entire records, relating to the petitioner’s husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 15.10.2025 on the file of the second respondent herein made in proceedings C.M.P.No.69/GOONDA/Salem City/2025 quash the same as illegal and consequently direct the respondents to produce the petitioners husband namely Manikandan, S/o. Paramasivam, aged 39 years before this Honble High Court and set he petitioners husband to liberty from detention, now the petitioners husband detained at Central Prison, Salem.
Prayer in HCP No. 2229 of 2025 :
Habeas Corpus petition filed under article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate writ, order or direction, in the nature of Writ of Habeas Corpus to call for the entire records, relating to the petitioners husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 15.10.2025 on the file of the second respondent herein made in proceedings C.M.P.No.71/Goonda/Salem City/2025, quash the same as illegal and consequently direct the respondents to produce the petitioners husband namely Manivannan, S/o.Ayyavu, aged 36 years, before this Hon’ble High Court and set the petitioners husband at liberty from detention, now the petitioner’s husband detained at Central Prison, Salem.
Prayer in HCP No. 2230 of 2025 :
Habeas Corpus petition filed under article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate writ, order or direction, in the nature of Writ of Habeas Corpus to call for the entire records, relating to the petitioners husband detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 15.10.2025 on the file of the second respondent herein made in proceedings C.M.P.No.72/Goonda/Salem City/2025, quash the same as illegal and consequently direct the respondents to produce the petitioners husband namely Manikandan S/o.Palani, aged 36 years, before this Honble High Court and set the petitioners husband at liberty from detention, now the petitioners husband detained at Central Prison, Salem.
In all HCP’s
Common Order
(Order of the Court was made by Dr.Anita Sumanth J.)
In HCP.No.2223 of 2025, the wife of the detenu – Kannan, S/o. Murugan, branded as Goonda and confined in Central Prison, Salem, under detention order dated 15.10.2025 has challenged the order of detention in this HCP.
2. In HCP.No.2224 of 2025, the wife of the detenu – Manikandan, S/o. Paramasivam, branded as Goonda and confined in Central Prison, Salem under detention order dated 15.10.2025 has challenged the order of detention in this HCP.
3. In HCP.No.2229 of 2025, the wife of the detenu – Ma
