Tamil Nadu & ANT Vs. Kadal Kani  INSC 608 (1 December 2000)
O R D E R Leave granted. Heard the learned counsel for the parties. The High
Court by the impugned judgment and order dated 7.4.2000 has quashed the
detention order dated 16.10.1999 on the ground that there is non-application of
mind on the part of the detaining authority and has mechanically signed the
same because it is stated in the detention order that it be served through the
Superintendent, Central Prison, Thiruchirapalli which would mean that the
detaining authority was not aware of the fact that the detenu was released on
bail. The learned counsel for the appellants submitted that there is total
non-application of mind by the High Court to the detention order. Detention
order specifically mentions in the ground No.6 that he was aware that detenu
has been released on conditional bail by order dated 17.9.1999 in Cr. M.P. No.
of 1999 by the Judicial Magistrate-II, Mayiladuthurai.
this set of circumstances, it cannot be said that there is non-application of
mind by the detaining authority merely by mentioning that detention order be
served through Superintendent, Central Prison, Thiruchirapalli. In our view, it
appears that the learned Judge has lightly interfered with the detention order
without reading ground No.6 which specifically recites that detenu was released
on bail by order dated 17th
Further the detention order is addressed to the detenu mentioning his
residential address. Therefore, there was no question of serving the detention
order through Superintendent, Central Prison. By sending copy to the
Superintendent, Central Prison would not make the detention order illegal.
Hence, the impugned order passed by the High Court requires to be quashed and
set aside and is accordingly, set aside.
counsel for the appellant submitted that the detenu should be ordered to
surrender to undergo the remaining period of detention. For this purpose, he
placed reliance on the directions issued by this Court in Sunil Fulchand Shah
v. Union of India & Ors. [(2000) 3 SCC 409] which is reproduced hereunder:
- 6. The quashing of an order of detention by the High Court brings to an end
such an order and if an appeal is allowed against the order of the High Court,
the question whether or not the detenu should be made to surrender to undergo
the remaining period of detention, would depend upon a variety of factors and
in particular on the question of lapse of time between the date of detention,
the order of the High Court, and the order of this Court, setting aside the
order of the High Court.
detenu need not be sent back to undergo the remaining period of detention,
after a long lapse of time, when even the maximum prescribed period intended in
the order of detention has expired, unless there still exists a proximate
temporal nexus between the period of detention indicated in the order by which
the detenu was required to be detained and the date when the detenu is required
to be detained pursuant to the appellate order and the State is able to satisfy
the court about the desirability of further or continued detention.
the aforesaid ratio, in our view, this is not a fit case for directing the
detenu to surrender to undergo the remaining period of detention. Detention
order was passed on 6th
October, 1999 and
hence, detention period is over. In the result, the appeal is allowed to the