N SOORYA @ RANJITH @ SEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the third respondent, dated 19.2.2011, made in N.S.A. Detention Order No. 1/2011, and quash the same, and to produce the detenu, namely, N.Soorya @ Ranjith @ Sekar, aged about 26 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. The petitioner has stated that the third respondent had passed the impugned detention order, dated 19.2.2011, under Sub-section (2) of Section 3 of the National Security Act, 1980 , (Central Act 65 of 1980) read with the orders issued by the State Government, in G.O.Ms. No. 43 Public (Law and Order-F) Department, dated 10.01.2011, under sub-section (3) of section 3 of the said Act, directing his detention, in the Central Prison, Madurai.

(2.) Even though various grounds had been raised in the Habeas Corpus Petition filed by the petitioner, the learned counsel appearing on behalf of the petitioner had placed emphasis on the grounds, mentioned hereunder, while stating that the impugned detention order passed by the Detaining Authority is bad in the eye of law. He had submitted that there was clear non-application of mind, on the part of the Detaining Authority, while passing the detention order against the detenu.

(3.) The learned counsel appearing for the petitioner had referred to Paragraph-5 of the grounds of detention, which reads as follows: