RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was detained as a GoondaT under the provisions of Tamil Nadu Act 14 of 1982.

(2.) The order of detention is challenged inter alia on the ground that the detaining authority has not applied his mind to all the facts before reaching subjective satisfaction that the petitioner satisfies the definition of GoondaT and, therefore, a detention is warranted.

(3.) It is contended by the learned counsel appearing for the petitioner that two telegrams were sent, one to the Director General of Police and another to the Commissioner of Police (Detaining Authority in this case), stating that Benjamin Raja and others have been kept under police custody without registering any case, that all of them belong to A.D.M.K. Party, and that action must be taken immediately. Those telegrams were redirected to the concerned Inspector and the Inspector seems to have taken action on the copy of the telegram received from the Director General of Police. It is further seen from the records produced before us that the Inspector has investigated the matter and sent a Report on the contents of the Telegrams. While passing the detention order, the detaining authority refers only to the receipt of telegrams, but has not referred to the, Report submitted by the Inspector concerning the contents of the telegrams. According to the learned counsel for the petitioner, the non-supply of that Report of the Inspector of Police and the non- consideration of the same by the Detaining Authority vitiate the detention order.