RAJA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS order shall govern these two writ applications. These two applications have been filed challenging the detention orders made by the second respondent in S.C.Nos.49 and 48 of 2009 respectively dated 19.11.2009 whereby the brother-in-law of the petitioner in HCP.No.2224/2009 viz., Sivakumar @ Minnal Siva and the friend of the petitioner in HCP.No.2225/2009 viz., Jayavel were ordered to be detained under Act 14 of 1982 branding them as Goondas.

(2.) THE Court heard the learned counsel for the petitioner and also looked into the materials available on record including the order under challenge.

(3.) ADDED further learned counsel, the said case was registered under section 302 I.P.C. for the occurrence that had taken place inside the residential house. The prosecution had no direct evidence to offer. It is seen that the house was kept locked and it was break open and the dead body was found. Neither it is a public place now it had caused panic to the public. Recording satisfaction by the detaining authority that the activities of the detenues were prejudical to the maintenance of the public is not warranted. Under such circumstances, the detention orders are vitiated and they to be set aside.