MANSOOR ALI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE detenu himself challenges the detention order dated 16.10.2003, detaining him as goonda under the Tamil Nadu Act 14 of 1982. THE ground case relates to an occurrence that had taken place on 20.09.2003 for the offences under sections 341 and 302 IPC. THE detenu has one adverse case to his credit for the offences under sections 506(ii) and 302 read with 34 IPC.

(2.) LEARNED counsel appearing for the petitioner after taking us through the grounds of detention, would contend that inasmuch as the detaining authority has referred in para 6 of the grounds of detention that he considered the ground case and "past cases" and taken the decision to detain the detenu under Preventive Act, whereas the detenu had only one adverse case. The detaining authority has not applied its mind before passing the order of detention. He also submitted that since the only one adverse case related to an occurrence on 31.03.2002 and the ground case, according to the prosecution, had taken place on 20.09.2003, there is no proximity with reference to the adverse case. Accordingly, the respondents are not justified in passing the order of detention.

(3.) IN para 32 of the order, they further held that