SELVAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) SELVAM @ Selvendran, has been detained as a Goonda, in Central Prison, Madurai. He has sought for a Writ of Habeas Corpus, to quash the order of detention passed by the District Collector and District Magistrate, Ramanathapuram District, in his proceedings in No. 2 in No. 13/Goonda/2014 dated 08.05.2014 and to set the detenu at liberty.

(2.) MATERIAL on record discloses that the detenu has come to adverse notice in Kamuthi Police Station Cr. No. 119/14, under Sections 147, 323, 324, 498(A), 307 IPC and Section 4 of TNWH Act on 29.04.2014, which is under investigation. Pending investigation, the detenu is alleged to have involved in another Cr. No. 121 of 2014, for the offences under Sections 364(A), 365 IPC @ 364(A), 365, 294(b), 506(ii) IPC. He has been arrested and produced before the learned Judicial Magistrate, Kamuthi, on 29.04.2013 and remanded to judicial custody upto 13.05.2013. He has been lodged in Central Prison, Madurai. He has filed a bail application in Cr. M.P. No. 1078 of 2014 on 07.05.2014. On the materials placed, the District Collector and District Magistrate, Ramanathapuram, 2nd respondent, in exercise of the powers, under sub section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) read with G.O.(D) No. 101, Home, Prohibition and Excise (XVI) Department, dated 18.04.2014, under sub -section 2 of section 3 of the said Act, vide proceedings in No. 2 in No. 13/Goonda/2014 dated 08.05.2014, clamped, an order of detention against the petitioner.

(3.) IN his representation, dated 11.05.2014, addressed to the 1st respondent, the petitioner has also contended that Tamil and English version of several pages in the Booklet differs, and that the 2nd respondent has mechanically passed the order of detention, without considering the said discrepancy. The detenu has also contended that several pages in the booklet were illegible, and therefore, he was not able to read and understand the same and hence, sought for supply of typed copies of those pages. In the said representation, the detenu has also sought for copy of G.O.(D) No. 101, Home, Prohibition and Excise (XVI) Department, dated 18.04.2014, a vital document relating to the order of detention, so as to make an effective representation to the competent authority, against the order of detention.