R SENTHAMARAI Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the Second Respondent in Memo No.330/B.D.F.G.I.S.S.V./2010 dated 4.6.2010, whereby the son of the Petitioner viz., Guna @ Gunasekaran was ordered to be detained under the Act 14 of 1982 branding him as "Goonda".

(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 remand requisition was placed before the V Metropolitan Magistrate as found in page No.205 of the booklet in the ground case, wherein it has been specifically stated that proceedings have been initiated against the detenu under the Goonda"s Act. In such circumstances, it is quite clear that it was pre-determined. On the grounds, the detention order has got to be set aside.