LAWS(MAD)-2020-7-210

KARTHIGA Vs. GOVERNMENT OF TAMIL NADU

Decided On July 22, 2020
Karthiga Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) 1. Heard Mr.S.Vinayak, learned counsel for Mr.B.Jameel Arasu, learned counsel on record for the petitioner and Mr.V.Neelakandan, learned Additional Public Prosecutor for the respondents and perused the materials available on record.

(2.) This habeas corpus petition has been filed by the wife of the detenu, namely, Ananth, son of Prabaharan, aged about 29 years, challenging the detention order in Cr.M.P.No.64 of 2019, dated 22.10.2019, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1981.

(3.) The learned counsel for the petitioner submitted that the impugned detention is liable to be set aside on the ground of failure to intimate the arrest of the detenu either to his family members or his relatives. In this regard, the learned counsel has placed reliance upon the decision of the Honourable Apex Court in the case of D.K.Basu vs. State of West Bengal , reported in AIR (1997) SC 610.