LAWS(MAD)-2013-7-4

S.DEEPIKA Vs. STATE OF TAMIL NADU

Decided On July 02, 2013
S.Deepika Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 4.12.2012, and quash the same and to produce the detenue, namely, Devi, wife of Srinivasan, confined in the Special Prison for women Puzhal, Chennai, before this Court and to set her at liberty.

(2.) The second respondent had passed the impugned detention order, dated 4.12.2012, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act,1982. (Tamil Nadu Act 14 of 1982), read with the orders issued by the State Government, in G.O.(D) No.172, Home, Prohibition and Excise (XIV) Department, dated 18.10.2012, under sub section (2) of Section 3 of the said Act, directing the detention terming her as a 'Goonda'.

(3.) The petitioner herein is the daughter of the detenue. According to the petitioner, the detenue is a coordinator in a social organization, doing social service to the poor and the needy. The detenue had been falsely implicated in a number of cases due to various extraneous reasons. The detention, as per the order of the second respondent, dated 4.12.2012, is unconstitutional, void and illegal and therefore, is liable to be set aside.