NAJRUL ALI v. The Principal Secretary to Government,
HCP/154/2026 · 2026-07-14
Anita Sumanth, Sunder Mohan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 48129 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48129 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:MHC:2745 HCP No.154 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 154 of 2026 Najrul Ali S/o.Majid Ali, No.12, Dhekena Bari Village, Chhyagaon, Kamrup District, Assam State. (Now confined at Central Prison, Puzhal, Chennai). ...Petitioner/Detenue Vs
1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Commissioner of Police, Tambaram City.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai-66.
4. The Inspector of Police, Cyber Crime Wing, Central Crime Branch, Tambaram City. ...Respondents https://www.mhc.tn.gov.in/judis
2026:MHC:2745 HCP No.154 of 2026 __________ Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in Connection with the order of detention passed by the second respondent dated 30.11.2025 in Memo No.164/BBCDEFGISSSV/2025 against the petitioner namely Najrul Ali, Male aged 36 years, S/o.Majid Ali, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before the Court and set him at liberty. For Petitioner: Ms.S.Rohini for Mr.S.Senthilvel For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)
ORDER (Order of the Court was made by Sunder Mohan J.) The detenu – M.Najrul Ali, aged 36 years, S/o.Majid Ali, has filed this petition challenging the detention order dated 30.11.2025, branding him as ‘Cyber Law Offender’ under Section 2(bb) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).
2. Heard the learned counsel for the petitioner and the learned Counsel for Government of Tamil Nadu for the respondents. https://www.mhc.tn.gov.in/judis
2026:MHC:2745 HCP No.154 of 2026 __________ Page3 of 6
3. We find on perusal of the record and on hearing the submissions on either side, the impugned order cannot be sustained on the sole ground that the special report sent by the sponsoring authority is undated. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful.
4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', the Hon’ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reason, the impugned detention order is liable to be set aside.
5. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in BBCDEFGISSSV No.164/2025 dated 30.11.2025, is set aside. https://www.mhc.tn.gov.in/judis
2026:MHC:2745 HCP No.154 of 2026 __________ Page4 of 6
6. The detenu, viz., M.Najrul Ali, aged 36 years, S/o.Majid Ali, who is now confined in Central Prison, Puzhal, Chennai, is hereby
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.) 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy today. dk https://www.mhc.tn.gov.in/judis
2026:MHC:2745 HCP No.154 of 2026 __________ Page5 of 6 To
1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Commissioner of Police, Tambaram City.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai-66.
4. The Inspector of Police, Cyber Crime Wing, Central Crime Branch, Tambaram City. 5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.
6. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
2026:MHC:2745 HCP No.154 of 2026 __________ Page6 of 6 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. dk HCP No. 154 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis