YASAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE detenu under the National Security Act is the petitioner. By order dated 18.12.2004, he had been detained on the ground that if he is at large, the security of the State is likely to be affected. Mr.N. Manokaran, learned counsel appearing for the petitioner submitted the following points in attacking the order of detention.

(2.) LET us take the last point urged before this court first for consideration. The statutory bar would come into operation only when a person is to be detained as a bootlegger, drug-offender, forest offender, goonda, immoral traffic offender or slum-grabber or video pirates. In this case, the detention is on the basis of the subjective satisfaction arrived at to the effect that if the detenu is at large, he is likely to indulge in activities, which in turn would affect the security of the State. Such a ground namely, security of the State being the basis for detention order is not covered under Section 17 of the Tamil Nadu Act 14 of 1982. Therefore accepting the submission made by Mr.Abudukumar Rajarathinam, learned Government Advocate on the above lines, the last point stands rejected. We will now take up point No.3 urged before us. The Supreme Court, in the judgment brought to our notice by the learned counsel appearing for the petitioner, in 2001 SCC (Cri) 147 (AMRITLAL v. UNION GOVT.) while deciding as to whether the subjective satisfaction arrived at by the detaining authority is based on material or not, has held as hereunder: -