2026:MHC:1988 HCP No. 6 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 6 of 2026 Jambukarasi W/o.Dinakaran, No.08/09, 3rd Street, N.H.Road, Periamet, Chennai - 600003 ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep By The Additional Chief Secretary to Government Home, Prohibition and excise Department Fort ST.George Chennai - 600009 2. The Commissioner of Police Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai. 3. The Superintendent of Prison Central Prison Puzhal, Chennai - 600066. 4. The Inspector of Police G-2 Periamet Police Station, Chennai. ..Respondent(s) PETITION filed under Article 226 of The Constitution of India praying for the issuance of a writ of Habeas Corpus or any other writ or direction calling for the records relating to the detention order passed by the 2nd respondent in No.713/BBCDEFGISSSV/2025 dated 18/09/2025 against the petitioners SON VIJAYARANGAN S/O KAVIRAJ Male aged 27 years the detenue herein now confined in central prison puzhal Chennai and to set aside https://www.mhc.tn.gov.in/judis 2026:MHC:1988 HCP No. 6 of 2026 __________ Page2 of 6 the detention order and direct the respondent to produce the petitioners son before this Honble Court and set him at liberty and pass such further or appropriate orders which may deem fit in the nature and circumstances of the case and thus render justice. For Petitioner(s): M/s.T.I.Ramanathan For Respondent(s): Mr. C.R. Malarvannan. Counsel For Government Of Tamil Nadu (criminal Side) O R D E R (Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.T.I.Ramanathan, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (criminal Side), learned counsel for the respondents. 2. The mother of one Vijayarangan (detenu) S/o Kaviraj, who was detained as a Goonda under Section 2(f) of the Tamil Nadu Act 14 of 1982 (in short ‘Act’) has approached this Court challenging the order of detention dated 18.09.2025. 3. It is seen from the impugned order and the grounds of detention that the detenu was arrested on 16.08.2025 and he was detained on 18.09.2025. We do not find any satisfactory explanation for the delay in passing the order of detention either in the grounds of detention or in the counter affidavit filed by https://www.mhc.tn.gov.in/judis 2026:MHC:1988 HCP No. 6 of 2026 __________ Page3 of 6 the 2nd respondent. Hence, we are of the view that the live and proximate link between grounds of detention and the purpose of detention stands snapped. 4. In Sushanta Kumar Banik Vs. State of Tripura (2022 LiveLaw (SC) 813), a similar issue arose, and the relevant discussion reads as follows: “21. 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.” 5. 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 between the date of arrest/date of proposal and 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. https://www.mhc.tn.gov.in/judis 2026:MHC:1988 HCP No. 6 of 2026 __________ Page4 of 6 6. 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. In the present case, the delay is more than a month and unexplained and for this reason, vitiates the order, rendering it liable to be quashed. 7. In light of the aforesaid discussion, we are of the considered view that there is neither a proximate link between the arrest (16.08.2025) and order of detention (18.09.2025), and nor is there any credible material brought on record by the detaining authority to substantiate his subjective satisfaction. 8. Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.713/BBCDEFGISSSV/2025 dated 18.09.2025 is set aside. 9. The detenu, viz., Vijayarangan, S/o.Kaviraj, male aged 27 years, who is now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) sl 08-06-2026 Index: Yes/No Speaking order Neutral Citation: Yes Note: Issue today. https://www.mhc.tn.gov.in/judis 2026:MHC:1988 HCP No. 6 of 2026 __________ Page5 of 6 To 1. The State Rep By The Additional Chief Secretary to Government Home, Prohibition and excise Department Fort ST.George Chennai - 600009 2. The Commissioner of Police Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai. 3. The Superintendent of Prison Central Prison Puzhal, Chennai - 600066. 4. The Inspector of Police G-2 Periamet Police Station, Chennai. 5. The Public Prosecutor, High Court, Madras 6. The Joint Secretary to Government, Public (Law and Order), Secretariat Fort ST.George Chennai – 600009. https://www.mhc.tn.gov.in/judis 2026:MHC:1988 HCP No. 6 of 2026 __________ Page6 of 6 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL HCP No. 6 of 2026 08-06-2026 https://www.mhc.tn.gov.in/judis