VIJAYARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WHEN the matter was taken up for enquiry, it was brought to the notice of the Courts that H.C.P. No.2328 of 2009 is also connected to H.C.P. Nos.2211 and 2240 of 2009 and all the H.C.Ps. can be taken up together, for which course learned Additional Public Prosecutor has no objection. Accordingly, a common order is passed as follows:- All these petitions have been brought forth by the detenus themselves against whom an order of detention was passed by the second respondent dated 5.11.2009 in Nos.438/BDFGISSV/2009, 439/BDFGISSV/2009 and 437/2009 respectively, whereby they were ordered to be detained under the Act 14 of 1982, after terming them as "Goonda".

(2.) THIS Court heard the learned counsel appearing for the parties and also looked into the materials available on record including the orders under challenge.

(3.) LEARNED counsel added further that as could be seen from the First Information Report in Crime No.1254 of 2009 registered by R.3 Ashok Nagar police station for a double murder, the occurrence took place inside the flat house. There was nothing to indicate that there was a panic created by the petitioners and thus, it would not be suffice to invoke the provisions of the Act 14 of 1982. Thus, the observations made by the Detaining Authority that the activities of the petitioners were prejudicial to the maintenance of public order was not at all warranted.