R.BOOPATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This habeas corpus petition has been filed by the mother detenu, namely, Muneeswaran, son of Rajamani, aged about 26 years, against the detention order No.94/BCDFGISSSV/2019, dated 13.12.2019, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982.

(2.) Though several grounds have been raised challenging the impugned detention order, Mr.M.Maran, learned counsel for the petitioner, would mainly contend that the impugned order of detention is liable to be set aside on the grounds of arbitrary action taken by the Authorities for clamping the detention order only as against few accused, leaving the other accused, who are also similarly placed and delay in considering the petitioner's representation.

(3.) Per contra, Mr.V.Neelakandan, learned Additional Public Prosecutor, on instructions, submitted that the detention order has been passed by the second respondent after arriving at the subjective satisfaction based on the cogent and relevant materials placed by the Sponsoring Authority and to prevent the detenu from indulging in similar activities in future. It is further submitted that the delay in disposal of the representation has not caused any prejudice to the detenu and hence, prayed for dismissal of the habeas corpus petition.