THANGAM Vs. STATE CHENNAI 9

JUDGEMENT

(1.) In this appeal, which has arisen by grant of special leave, the challenge is made against the judgment of the division bench of the Madras High court as per which the habeas corpus petition filed by the appellant has been dismissed.

(2.) Appellant's husband - Subramani is under preventive detention as per the order passed on 30/6/1999 under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Goodness, Immoral Traffic Offenders and Slum- Grabbers Act, 1982 (hereinafter referred to as 'the 1982 Act'). The appellant-wife of the detenu filed the habeas corpus petition in which more than one ground has been set out but while addressing arguments his counsel confined to one ground, namely, non- application of mind on the part of the detaining authority while passing the order of detention. That ground was not sustained by the division bench and consequently the habeas corpus petition was dismissed. The finding of the High court on the aforesaid ground could not effectively be challenged before us, and therefore, learned counsel tried to canvass other grounds before us.

(3.) Learned counsel for the appellant contended that he is entitled to argue before this court on other grounds taken up by the appellant in the habeas corpus petition. We do not think it a permissible course to hear on grounds which have not been urged in the High court. All the same, we make it clear that it is open to the appellant to file an application for review before the High court if appellant is interested to highlight points which have not been urged during the time of argument if as a matter of fact appellant had set out those points in the petition.