ANISHA Vs. SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' [ 'H.C.P.' for the sake of brevity] has been filed by Wife of the Detenu assailing a 'Preventive Detention Order, dtd. 14/10/2022 bearing reference C. No.01/NSA/IS/TPR(C)/2022' [hereinafter 'impugned Detention Order' for the sake of convenience and brevity]. To be noted, Fifth Respondent is the Sponsoring Authority and Third Respondent is the Detaining Authority as impugned Detention Order has been made by Third Respondent under the National Security Act, 1980 (Central Act 65 of 1980).

(2.) There is no Adverse case. The Ground case which is the sole substratum of the impugned Detention Order is Crime No.694 of 2022 on the file of Anupparpalayam Police Station, for alleged offences under Ss. 153-A & 436 of 'the Indian Penal Code (45 of 1860)' [hereinafter 'I.P.C.' for the sake of convenience and clarity] and Sec. 4(a) of Explosive Substances Act, 1908. Owing to the nature of the challenge to the impugned Detention Order, it is not necessary to delve into the factual matrix or be detained further by facts.

(3.) Dr. S. Manoharan, learned Counsel representing the Counsel on record for Petitioner and Mr. R. Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr. M. Sylvester John, learned Counsel, for Respondents 2 to 5 are before us.