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2024 DIGILAW 2039 (MAD)

Rajaselvi v. State of Tamil Nadu

2024-08-21

S.M.SUBRAMANIAM, V.SIVAGNANAM

body2024
ORDER : 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 detention order vide no. 46/BCDFGISSSV/2024 dated 14.05.2024, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Bharathiraja, S/o. Babu, aged 24 years, (who is presently under going detention in the Central Prison, Puzhal) before this Court and set him at liberty. 1. The preventive detention order passed by the second respondent dated 14.05.2024 is sought to be assailed in the present habeas corpus petition. 2. The Special Report submitted by the sponsoring Authority is un-dated. That apart the adverse cases relied on with reference to Crime Nos. 942/2019, 1151/2021, 278/2023, 686/2023 and 272/2024 have no close proximity. To establish likelihood of causing breach of public order, there must be a proximity with the adverse cases, which all are relied on by the detaining Authority. Certain old cases, which were pending for a long time alone cannot be a ground to invoke Act 14 of 1982. Nexus link and proximity of relied on cases are of paramount importance for the purpose of forming an opinion that there is likelihood of causing breach of public order. 3. In respect of cases, the proximity relating to adverse cases are not established, then it is to be construed as legal malice warranting interference from the hands of the High Court. 4. In the present case, since application of mind lacks in respect of relying on the adverse cases, we are inclined to interefere. 5. Hence, for the aforesaid reason, the detention order passed by the second respondent in proceedings Memo No. 46/BCDFGISSSV/2024 dated 14.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue viz. Bharathiraja S/o Babu, aged 24 years confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless he is required in connection with any other case.