Allowed

Jeeva v. the Additional Chief Secretary to Government

Madras HC15 Nov 2024HCP/2710/2024

Case brief

AI extract

What is this about?

Habeas corpus petition challenging a preventive detention order passed two months after the detenu's arrest. Relying on Supreme Court precedents on unexplained delay snapping the live link, the court quashed the detention order and directed the detenue's release unless required in any other case.

What did the court decide?

Impugned detention order dated 16.09.2024 quashed; detenue Siva to be set at liberty forthwith unless required in another case.

Jeeva Vs the Additional Chief Secretary to Government — Bail and Remand | Madras HC (2024)

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HCP.No.2710 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.11.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

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H.C.P.No.2710 of 2024

Jeeva

Petitioner

Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Fort St.George, Chennai – 600 009.

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2.The District Magistrate and District Collector, Kallakurichi District, Kallakurichi.

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3.The Superintendent of Police, Kallakurichi District, Kallakurichi.

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4.The Superintendent of Prison, Central Prison, Cuddalore.

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5.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

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Respondents

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https://www.mhc.tn.gov.in/judis

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HCP.No.2710 of 2024

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records relating to the impugned order or detention passed by the second respondent in D.No.C2/55/2024 dated 16.09.2024 and set aside the same and consequently, direct the respondents to produce the detenu Siva, Son of Kannan, aged about 30 years, petitioner's husband now confined at Central Prison, Cuddalore before this Court and set him at liberty.

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For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The order of detention passed by the second respondent herein in D.No.C2/55/2024 dated 16.09.2024 is sought to be quashed in the present Habeas Corpus Petition.

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The ground taken in the present petition is that the detenue was arrested on 16.07.2024 and the impugned order of detention has been issued on 16.09.2024 after a lapse of two months.

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In this regard, the Hon'ble Supreme Court of India in the case of 'Sushanta Kumar Banik Vs. State of Tripura' , reported in '2022 LiveLaw (SC) 813' held as follows:

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“ 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. ”

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HCP.No.2710 of 2024

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3.1. In the case of T.A. Abdul Rahaman Vs. State of Kerala and Ors.

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reported in (1989) 4 SCC 741, the Apex Court held as follows:

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10. The conspectus of the above decisions can be summarised thus : The question whether the prejudicial activities of a person necessitating to pass an order of detention is proximate to the

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Page 3 of 6

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time when the order is made or the live-link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each case. No hard and fast rule can be precisely formulated that would be applicable under all circumstances and no exhaustive guidelines can be laid down in that behalf. It follows that the test of proximity is not a rigid or mechanical test by merely counting number of months between the offending acts and the order of detention. However, when there is undue and long delay between the prejudicial activities and the passing of detention order, the Court has to scrutinise whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to why such a delay has occasioned, when called upon to answer and further the Court has to investigate whether the causal connection has been broken in the circumstances of each case.

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HCP.No.2710 of 2024

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11. Similarly when there is unsatisfactory and unexplained delay between the date of order of detention and the date of securing the arrest of

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https://www.mhc.tn.gov.in/judis

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the detenu, such a delay would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority leading to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detenu with a view to preventing him from acting in a prejudicial manner.

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HCP.No.2710 of 2024

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The fact about the long delay would be sufficient to draw an inference that the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.

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5.Accordingly, the impugned order of detention in D.No.C2/55/2024, dated

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16.09.2024, is quashed and the Habeas Corpus Petition stands allowed . The detenue, namely, Siva, Son of Kannan, aged about 30 years, now confined in Central Prison, Cuddalore, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.

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