MUNUSAMY Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The father of the detenu is the petitioner. The detenu Prakash was detained by order dated 22.2.2003, based on two adverse cases apart from the ground case in Crime No.47/2003. On the basis of the materials placed before the detaining authority, the detaining authority arrived at the subjective satisfaction that the detention of the petitioner is necessary for maintaining the public order and health. Therefore, the detenu was detained under Act 14/1982. The present Habeas Corpus Petition challenges the order of detention.

(2.) Learned counsel appearing for the petitioner submitted that the detaining authority has not considered the graver offence but considered only the lesser offence under Section 147 and 148 I.P.C. for arriving at the subjective satisfaction and hence, due to the non-consideration of the graver offence, the detention order is not legally sustainiable and hence liable to be quashed.

(3.) In support of the contention, the learned counsel relied on the judgment of this Court made in H.C.P.No.657/2003 dated 19.11.2003. In that case on the ground that only the lesser offence had been taken into account when grave offence was also there and the order of detention was quashed. Learned counsel relied on the said judgment and contended that on the same ground, the present impugned order is also liable to be quashed.