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Judgment
7 paragraphs · 291 wordsN.Anand Venkatesh, J
The petitioner is the mother of the detenu, viz., Raja @ Sanjai, son of Raja, aged about 19 years. The detenu has been detained by the second respondent by his order in P.D.No.53/2025, dated 14.10.2025, holding him to be a "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
Apart from the other grounds raised by the learned counsel appearing for the petitioner, one of the main ground that was raised is that there is a delay of 33 days in passing the detention order and this delay is totally unexplained.
In our considered view, the issue is squarely covered by the judgment of the Hon'ble Apex Court in the case of Sushanta Kumar Banik Vs. State of Tripura and Others reported in 2022 SCC Online SC 1333.
The detention order is vitiated due to the fact that there was a solitary case and the live and proximate link between the grounds of detention and the purpose of the detention is completely absent. Hence, this Court is inclined to interfere with the detained order passed by the second respondent.
In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.53/2025, dated 14.10.2025, passed by the second respondent is set aside. The detenu, viz., Raja @ Sanjai, son of Raja, aged about 19 years, is directed to be released forthwith unless his detention is required in connection with any other case.