ADV.M.DURAISELVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 9.12.2012, made in proceedings No. Cr. M.P. No. 2/NSA/2012, and quash the same, and to produce the detenu, namely, S. Shanmugaiah Pandian, son of Shanmuga Thevar, aged about 38 years, confined in the Central Prison, Trichy, before this Court and to set him at liberty. The petitioner is the friend of the detenu, S. Shanmugaiah Pandian, son of Shanmuga Thevar, who has been detained, under Section 3(2) of the National Security Act, 1980 (Central Act 65 of 1980), pursuant to the order passed by the second respondent, in his proceedings No. Cr. M.P. No. 2/NSA/2012, dated 9.12.2012. In view of the detention order passed by the second respondent, dated 9.12.2012, the detenu had been lodged in the Central Prison, Trichy.

(2.) Even though various grounds had been raised in the Habeas Corpus Petition filed by the petitioner, the learned counsel appearing on behalf of the petitioner had placed emphasis on the grounds mentioned hereunder, while stating that the impugned detention order passed by the Detaining Authority is bad in the eye of law. He had submitted that there was clear non-application of mind, on the part of the Detaining Authority, while passing the detention order against the detenu.

(3.) The learned counsel appearing on behalf of the petitioner had referred to Paragraph-3 of the grounds of detention, which reads as follows: