MARUDHAKASI A KASI Vs. DEPUTY INSPECTOR GENERAL OF POLICE TIRUCHIRAPALLI RANGE AND INCHARGE COMMISSIONER OF POLICE TIRUCHIRAPALLI CITY TIRUCHIRAPALLI

JUDGEMENT

(1.) The detenus have filed these petitions agitating the orders of detention dated 29.9.2003 (HCP.NOS.1705 and 1707 of 2003) and 5.10.2003 ( rest of the HCPS) based on a ground case considering that their activities were prejudicial to the maintenance of public order and public peace. The detaining authority had exercised the powers conferred under Section 3(2) of the National Security Act in passing such orders of detention.

(2.) The ground case relates to Crime No.185 of 2003 of Ponmalai Police Station under Section 302 read with Sections 109 and 34 of the Indian Penal Code along with other offences under the Indian Penal Code. That was a case of double murder.

(3.) The orders of detention based on a solitary case, however heinous offence involved therein, may not stand to judicial scrutiny, because before ever the orders of detention are passed, there must be compelling reasons for passing the same and the mere surmise that the offenders may again indulge in such serious offences causing threat to public order may not at all be sufficient. In the case of Surya Prakash Sharma Vs. State of U.P. (1994 SCC (Cri) 1691, the following observation was made :