BASKARAN Vs. THE SECRETARY TO GOVERNMENT AND ANOTHER

JUDGEMENT

(1.) THIS Writ Petition is filed by the detenu himself under Article 226 of the Constitution of India seeking for the issuance of a Writ of Habeas Corpus quashing the order of detention dated 12 -6 -1992 and set him at liberty.

(2.) THE detenu came to the adverse notice as Goonda in view of the 2 adverse cases referred to in the preamble of the grounds of detention and was detained on the basis of the ground case. The impugned order of detention was passed by the Commissioner of Police, Madurai City, Madurai, the second Respondent herein, in exercise of the powers conferred under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The details of the ground case which led to the passing of the impugned order were set out in the grounds of detention which was duly served on the detenu and hence, we do not propose to reiterate the same here save those that are necessary for consideration in this Writ Petition.

(3.) THOUGH this Writ Petition was admitted on 16.11.1992, the Respondents entered appearance, took time for filing counter affidavit and finally within four weeks by order dated 7.1.1993, till this date no counter affidavit has been filed and the averments stated in the affidavit filed in support of the Writ Petition and the grounds raised therein stand unrebutted.