NEELIMA Vs. ADDITIONAL CHIEF SECRETARY

JUDGEMENT

(1.) The wife of one Varaaki S/o. Radhakrishnan (detenu) Central Prison-II, Puzhal, Chennai has approached this Court challenging detention order dtd. 3/12/2025 passed on the basis that the detenu is a Sexual Offender under Sec. 2 (ggg) of the Tamil Nadu Preventive Detention Act, 1982 (in short 'Act').

(2.) The submissions of Mr.ArunAnbumani, learned counsel appearing for Mr.P.Rajkumar, learned counsel for the petitioner are that the detention order is bad in law and contrary to the mandate of the Act. It has been passed in excess of jurisdiction conferred on the detaining authority.

(3.) Learned counsel would argue that there is no justification in classifying the detenu as a sexual offender; that the charges made against him under Ss. 74, 79, 296 (b) and 351 (2) of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023 and Sec. 4 of the Tamil Nadu Prohibition of the Harassment of Women (Amendment) Act, 2002 are wholly unjustified and have no basis; that the detenu has been singled out for discriminatory, biased, and illegal treatment; that the intimation of arrest has not been produced or served on the detenu as required by law; that the grounds of arrest were never served by the detaining authority, but given only by the Court in violation of the stipulated procedure; that the subjective satisfaction of the detaining authority is incorrect; that the incident on the basis of which the ground case has been framed never took place; that there has been an untold delay in dispatching and disposal of the representation of the detenu, which is in violation of the statutory provisions and in all, the impugned order of detention is liable to be quashed on the above grounds.