LALITHA RAMASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition has been filed for the issue of a writ of habeas corpus for causing the production of the body of Thiru M. Ramaswamy, Editor of a Tamil fortnightly journal Called 'Hindu Marumalarchi", who is in custody and for his being set at liberty. The petitioner is the wife of the abovesaid Ramaswamy.

(2.) RAMASWAMY was taken into custody on 18th June, 1982 pursuant to an order of detention passed by the second respondent (District Magistrate and District Collector (in -charge), Salem), earlier that day under S. 3(2) of the National Security Act, hereinafter referred to as the Act. He was served with the grounds of detention on 20th June, 1982. On 25th June, 1982 the detenu sent his representations and they were rejected by the Government on 6th July, 1982. The case of the detenu was placed before the Advisory Committee and they sustained the order of detention passed, and thereupon the Government passed on order of confirmation of the detention on 3rd August, 1982. It is thereafter the petitioner has moved this Court under Art. 226 of the Constitution of India.

(3.) THE instance complained of against the detenu is a solitary instance and on the basis of this slender material, no reasonable person could reach a subjective satisfaction for passing an order of detention under the Act. In -any case, the detenu was enlarged on bail in the criminal case filed against him, subject to certain conditions and one of the conditions was that he should not publish similar articles and in view of that interdiction, there could be no apprehension in the mind of the District Magistrate that the detenu was likely to write further inflammatory articles and pose a hazard to the maintenance of public order.