MALLEESWARI Vs. STATE GOVERNMENT

JUDGEMENT

(1.) Challenge is made to an order of the second Respondent made in S.C. No. 09 of 2010 dated 02.03.2010, whereby the husband of the Petitioner namely the detenu Viz., Gunasekaran @ Udayakumar @ Kumar S/o Ramar was ordered to be detained as a "Goonda" under Sub-section (1) of Section 3 of of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) read with the order issued by the Government in G.O.(D) No. 21, Home Prohibition and Excise (XVI) Department, dated 18.01.2010 under Sub-section (2) of Section 3 of the said Act.

(2.) The affidavit filed in support of the petition along with all the materials including the order under challenge are perused. The Court heard the learned Counsel for the Petitioner.

(3.) Pursuant to the recommendation made by the sponsoring authority that the detenu has involved in five adverse cases and also a ground case in Crime No. 43 of 2010 of Pappireddippatti Police Station under Sections 384 and 392 IPC for an occurrence that had taken place on 31.01.2010, the detaining authority, after scrutiny of the materials available on record, took a view that it is a fit case for making an order of preventive detention under Tamil Nadu Act 14 of 1982 and accordingly, all materials in respect of those cases were placed before the detaining authority along with the recommendation. On scrutiny of the materials available, the detaining authority was satisfied after recording the subjective satisfaction that the activities of the detenu indulging in are prejudicial to the maintenance of public order and hence, in order to prevent him from indulging in such activities, an order of detention has got to be made under the provisions of the Act and accordingly, he made the order, which is the subject matter of challenge in this petition.