VIJAYALAKSHMI Vs. SECRETARY TO GOVERNMENT AND OTHERS

JUDGEMENT

(1.) Challenge is made to the order of detention passed by the second respondent vide Proceedings in C3/D.O/33/2015 dated 17.07.2015, whereby the detenu/husband of the petitioner, by name, Sekar @ P.G.Sekar @ Gnanasekar, son of Pattusamy, aged 36 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "Goonda".

(2.) Though many grounds have been raised in the petition, Mr.K.Gandhi Kumar, the learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention.

(3.) Learned counsel appearing for the petitioner submitted that the bail application filed by the detenu in the ground case [Cr.No.546/2015] in Crl.MP.No.2916/2015 was dismissed by the learned District and Sessions Judge, Cuddalore on 10.07.2015. But, the Detaining Authority has placed reliance on a similar case to arrive at the subjective satisfaction that the detenu would be released on bail in the ground case. It is the submission of the learned counsel that when the bail application itself has been dismissed, there is no reference to the relatives of the detenu taking steps in filing further bail application in the ground case and no material has been furnished in the Booklet to that effect. This is indicative of non-application of mind on the part of the Detaining Authority and hence, prays for quashment of the detention order.