SOWMIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed in this Court on 6/7/2022 assailing an order of detention dtd. 28/6/2022 bearing reference S.C.No.18 of 2022 [hereinafter referred as 'impugned detention order' for the sake of convenience and clarity] made by the second respondent i.e., jurisdictional District Collector [hereinafter referred as 'detaining authority' for the sake of convenience and clarity]. To be noted the fifth respondent who is the jurisdictional Inspector of Police is the Sponsoring authority.

(2.) The impugned detention order has been made by the detaining authority on the premise that the detenu is a Goonda within the meaning of Sec. 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders Slum grabbers and Video Priates Act, 1982 (Tamil Nadu Act 14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience]. One case in Crime No.347 of 2022 on the file of Dharmpuri Police Station for alleged offences qua Ss. 419, 420, 312 of Indian Penal Code [IPC] and 15(3) of Indian Medical Council Act, 1956 is the ground case and this is the solitary substratum of the detention order.

(3.) Mr.R.Sankarasubbu, learned counsel for petitioner [to be noted wife of the detenu is the petitioner before us] submits that a careful perusal of the detention order brings to light that the entire matter is anchored on alleged violation of 'Pre-Conception and Pre-Natal Diagnostic Techniques [Prohibition of Sex Selection Act, 1994] Act' [hereinafter referred as 'PCPNDT Act'] by as many as eight persons. Learned counsel goes on to submit that the detention order itself says that the act of all the eight persons are punishable under PCPNDT Act but the detenu alone has been singled out for clamping preventive detention.