SARAWATHI Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by wife of detenu assailing a 'preventive detention order dtd. 3/8/2022 bearing reference 235/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, third respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.

(2.) Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Sec. 2(f) of Act 14 of 1982.

(3.) There is one adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.112 of 2022 on the file of R-9, Valasaravakkam Police Station for alleged offences under Ss. 341, 294(b), 385, 397, 336 and 506(ii) of 'Indian Penal Code, 1860 (Act 45 of 1860)' ['IPC' for brevity].