RAJALAKSHMI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) Order of the Court was made by R.SUBBIAH, J] The petitioner challenges the order of detention dated 02.08.2016, passed by the second respondent in his proceedings in No.51/BCDFGISSSV/2016, detaining the detenu as 'Goonda', as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No.1791 of 2016 on the file of D2 Sellur Police Station registered for alleged offences punishable under Sections 392 r/w 397, 506(ii) of the Indian Penal Code and the adverse cases in Crime No.80 of 2016 on the file of D2 Sellur Police Station registered for alleged offences punishable under Sections 294(b), 323, 324, 506(ii) IPC @ 294(b), 323, 326 and 506(ii) IPC and Crime No.80 of 2016, on the file of C5 Karimedu Police Station registered for alleged offences punishable under Sections 341, 307 IPC @ IPC.

(2.) When the matter was taken up for consideration, the learned counsel for the petitioner submitted that the affidavit filed by the Sponsoring Authority was attested by the Detaining Authority himself prior to date of passing of Detention Order. In this regard, drawing our attention to the relevant page from the booklet, the learned counsel for the petitioner demonstrated that the Detaining Authority has attested the affidavit filed by the Sponsoring Authority on 01.08.2016, whereas the Detention Order was passed on 02.08.2016, which shows the pre-determination of mind on the part of the Detaining Authority in passing the order of detention.

(3.) The learned counsel for the petitioner has invited the attention of this Court to the judgment of a Division Bench of this Court in a batch of Petitions in H.C.P.(MD)Nos.556, 557, 558, 687 and 688 of 2016. The relevant portion from the said judgment reads as follows: