LAWS(MAD)-2006-4-235

G BASHEER AHAMED Vs. STATE OF TAMIL NADU

Decided On April 05, 2006
G.BASHEER AHAMED Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner herein by name G. Basheer Ahamed challenges the impugned order of detention, dated 15. 10. 2005, passed by the third respondent/district Magistrate and District Collector, Tiruvarur District, detaining him under the National Security Act, 1980.

(2.) HEARD Mr. K. Chandru, learned Senior Counsel for the petitioner; Mr. Abudukumar Rajarathinam, learned Government Advocate for Respondents-1, 3 and 4; and Mr. P. Kumaresan, learned Additional Central Government Standing Counsel for R-2.

(3.) MR. K. Chandru, learned Senior Counsel appearing for the petitioner, after taking us through the grounds of detention and all other connected materials, at the foremost, submitted that absolutely there is no case made out for invocation of National Security Act against the petitioner. In any event, according to him, it is only a law and order problem, for which, the petitioner cannot be detained under the National Security Act. He pointed out that even if the ground case and the adverse cases are taken as genuine, yet, there is no ground made out for invocation of the National Security Act. Further, there was no recovery of explosives from the petitioner even in the ground case. In such circumstances, according to the learned Senior Counsel, the materials relied on by the respondents are not sufficient for invocation of the National Security Act and, at the most, it is only a law and order problem. He also contended that even the two adverse cases are not genuine and those cases have been fabricated against the detenu.