MEHRUNNISA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) BOTH these petitions are for issuance of writs in the nature of habeas corpusto quash the orders of detention of one Gunaraja aliasPattu aliasIqbal and Nithi aliasNithiyanandam.

(2.) BOTH of them, it is said are associates. Adverse notice cases and the basic facts relating to the incident of the ground case are exactly the same. Considering them as goon das, the Commissioner of Police, Madras city passed the orders of detention in Nos.55 and 56 BDFGIS/90, both of date, 23.8.1990 under Sec.3(1) 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 Act14 of 1982).

(3.) THE common ground of attack as to the sus-tainability of the orders of detention in both the petitions revolves on the absence of cogent and relevant materials for coming to the conclusion of the imminent prospect of the detenus being released on bail and getting themselves involved by indulging in activities prejudicial to the maintenance of public order. A special ground of inordinate delay involving the consideration of the representation vitiating the order of detention of Cunaraja aliasPattu aliasIqbal had also been taken.