VENUGOPAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS petition is brought forth by the father of the detenu challenging the order of the second respondent in BDFGISSV No.263 of 2010 dated 4.5.2010, whereby the detenu Thillai Anandan @ Anandan was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) THE Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel added further that In page No.49 of the booklet, it is seen that the victim succumbed to injuries on 9.4.2010. But, contrarily, as found in page Nos.185 and 187 remand orders dated 6.4.2010, it is stated that the victim succumbed to injuries. It is pertinent to point out that the remand order came into existence on 6.4.2010 and thus, it is quite indicative of the fact of non-application of mind. All these materials placed were to be properly scrutinized before arriving at subjective satisfaction. But the Detaining Authority has failed to do so.