RANI BAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution, challenge is made to the order of the 2nd respondent, dated 10.12.2009, whereby one John @ Jegan, son of the petitioner, was ordered to be detained under 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, branding him as a "Goonda'.

(2.) The affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. The Court heard the learned counsel for the petitioner.

(3.) It is not in controversy that pursuant to the recommendations made by the Sponsoring Authority that the said John @ Jegan was involved in four adverse cases, as detailed below, SI.No. Police Station Provisions of law & Crime Number 1. Karungal Police Station U/s.147, 148, 341, 294(b), 324, 323, Crime No.252/2007 506(ii) IPC @ u/s.147, 148, 341, 294(b), 326, 506(ii) 2. Nesamony Nagar Police U/s.452, 506(ii) IPC and S.4 of Station Crime No.168/2008 Tamil Nadu Harassment of Women Act, 2002 3. Boothapandi Police Station U/s.395 IPC Crime No.273/2009 4. Aralvoimozhi Police Station U/s.3366(A), 395 IPC and S.4 of Tamil Nadu Crime No.275/2009 Harassment of Women Act, 2002 @ u/s.366(A), 395, 376(g) IPC and S.4 of Tamil Nadu Harassment of Women Act, 2002 and also in the ground case Crime No. 378/2009, registered under Section 387, 506(ii) IPC on the file of Aralvoimozhi Police Station for a crime that had taken place on 28.10.2009, in which he was arrested on the very day and remanded to judicial custody, on scrutiny of the materials placed before him, the detaining authority, the 2nd respondent herein, after recording his subjective satisfaction that the alleged detenu was so acting in a manner prejudicial to the maintenance of public order, branded him as a "Goonda" and ordered him to be detained under Tamil Nadu Act, 14 of 1982, which is the subject matter of challenge before the Court.