VANAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the mother of detenu challenging the order of the second respondent in Memo No. BDFGISSV/76/2010 dated 14.4.2010, whereby the detenu Parthiban 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.) It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in four adverse cases viz. (i) S-7, Madipakkam Police Station Crime No. 10 of 2010 for the offences under Sections 457, 380 of the Indian Penal Code; (ii) S-8 Adambakkam Police Station Crime No. 50/2010 for the offence under Section 379 of the Indian Penal Code; (iii) S-8, Adambakkam Police Station Crime No. 62/2010 for the offence under Section 379 of the Indian Penal Code and (iv) S-10, Pallikaranai Police Station Crime No. 214/2010 for the offence under Section 379 of the Indian Penal Code and ground case in Crime No. 218 of 2010 registered by S-7 Madipakkam Police station for the offences under Sections 341, 294(b), 323, 427, 392, 397, 506(ii) of the Indian Penal Code for the incident that had taken place on 23.3.2010 and the detenu was arrested and remanded to judicial custody on 24.3.2010, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court.