KATHIRESAN Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

(2.) The Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, seeking an order to call for the records pertaining to the detention order passed by the second respondent in P.D.No.27/2013, dated 01.06.2013 and to quash the same and also direct the respondents to produce the person or body of the alleged detenue, viz.,Muthu @ Muthamilselvan, aged about 22 years, before this Court and set him at liberty.

(3.) The learned counsel appearing for the petitioner submitted that the respondents have not followed the mandatory procedures as contemplated under 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) herein after referred to as "Act", and there is a violation of fundamental rights guaranteed under Article 21 of the Constitution of India and therefore, the petitioner is entitled seek an order as prayed for.