D GOMATHI Vs. SECRETARY TO GOVT OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE order of preventive detention passed by the third respondent in No. 1/nsa/2004? dated 25-8-2004 under National Security Act, has been challenged in this petition by the mother of the detenu Siva Sivalingam.

(3.) THE order of the detention is dated 25-8-2004. Even though several contentions have been raised by the learned counsel for the petitioner, it is not necessary to go into those contentions as in our opinion the contention relating to the absence of application of mind on the part of the detaining authority, in respect of the possibility of the detenu coming out from jail and so that there was possibility of committing further acts affecting the public order has vitiated the order. There is no dispute that at the time when the order was passed the detenu was in custody and the last order of remand was passed on 24-8-2004 extending the period of remand till 7-9- 2004. In the grounds of detention the detaining authority has observed as follows Now, he is in judicial custody in Central Prison Madurai. I am also aware that he has not filed any bail application so far. I considered the question of the possibility for the detenue to come out on bail by filing such a bail application in future. If he comes out on bail, he is likely to indulge in such further prejudicial activities in future as well, which will be prejudicial to the maintenance of public order 5. The learned counsel has invited our attention to a Division Bench decision of this court in Velumurgan Velu v. The Commissioner of Police, Greater Chennai 8 and another, wherein it is observed as follows