Sairabanu vs Secretary To The Government And Others

Dr.Anita Sumanth, J

We have heard Mr.D.Akash Kumar, for Mr.W.Camyles Gandhi, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, for the respondents.

2.The mother of the detenu J.Nizarudeen has instituted this petition challenging detention order dated 07.08.2025 which was proceeded by an arrest on 08.07.2025.

3.This HCP is liable to be allowed on the simple ground of the respondent not having established any live or proximate link between the date of arrest and date of detention, which is nearly a month.

4.In Sushanta Kumar Banik Vs. State of Tripura, reported in 2022 LiveLaw (SC) 813, the Supreme Court has settled the proposition that there must be a live and proximate link between the grounds of detention and the purpose thereof.

5.Having regard to the elapse of one month between the arrest and the detention for which no justification whatsoever has been put forth, we are of the considered view that no link has been established in the present case. The relevant paragraph of the aforesaid judgment is as follows:

“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.In light of the above, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.No.134/G/IS/2025, dated 07.08.2025 is set aside.

The detenu, viz., J.Nizarudeen, S/o. Jemesha, aged 29 years, now confined in Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case.