M VANAJA Vs. COMMISSIONER OF POLICE MADRAS

JUDGEMENT

(1.) This writ petition is filed by one Mrs. M. Vanaja, mother of the detenu by name Ravi alias Dorai alias Poonaikannan Ravi, for the issuance of Writ of Habeas Corpus under Article 226 of the Constitution of India to quash the order of detention passed against her son on 22-8-1989 and set him at liberty.

(2.) The impugned order was passed by the first respondent herein in exercise of the powers conferred on him by sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) on 22-8-1989 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The impugned order was passed after the detenu came to the adverse notice of the detaining authority as a goonda in view of the adverse cases referred to in the grounds of detention and was detained on the basis of the ground case. It is needless to restate the details of those cases as the same have been stated in detail in the grounds of detention, which was served on the detenu, especially in view of the defence taken in this case.

(3.) Though it was specifically stated by a Bench of this Court on 14-3-1990 while granting three weeks' time for filing a counter that whether a counter is filed or not, the writ petition will be taken up for final disposal on the expiry of three weeks, no counter is filed even on this day and the allegations stated in the affidavit filed in support of the petition are not repudiated.