MAYILVANAM Vs. SECRETARY TO GOVERNMENT AND OTHERS

JUDGEMENT

(1.) The petitioner is the mother of the detenu. The detenu has been detained by the second respondent by his order in Detention Order No.141/BCDFGISSSV/2015, dated 30.10.2015, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No.803 of 2015 registered on the file of B1 Vilakkuthoon Police Station for offences punishable under Sections 147, 148, 302 of the Indian Penal Code and Section 3 of the Explosive Substances Act, 1908.

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

(3.) Though the order of dentention is assailed on a number of grounds raised in the affidaivt filed in support of the Habeas Corpus Petition, the learned counsel for the petitioner gives up the other grounds and confines his arguments on the following grounds alone:-