VIJAYASHANTHI Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE (IX) DEPARTMENT, STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) The petitioner is the uncle's daughter of the detenu. The detenu was detained by the second respondent by his order in Cr.M.P. No. 18/2015 (GOONDA), dated 17.10.2015, holding him to be a "Goonda", as contemplated under Sec. 2(f) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No. 408 of 2015 on the file of Virudhunagar Rural Police Station registered for alleged offence punishable under Sec. 392 of the Indian Penal Code and the following two adverse cases: - -

(2.) The Detaining Authority, expressing subjective satisfaction that the detenu conformed to the definition of the "Goonda" and that his presence at large would be prejudicial to the maintenance of public order and public peace and also expressing subjective satisfaction that it was very likely that the detenu would come out on bail in the second adverse case and the ground case, passed the impugned detention order. The said order is challenged in the present Habeas Corpus Petition.

(3.) Though the order of detention is assailed on several grounds, the learned counsel for the petitioner mainly relies on the contention that the subjective satisfaction of the Detaining Authority regarding the real possibility of the detenu coming out on bail in the ground case and the second adverse case is not based on cogent materials and the same may be termed as ipse dixit.