ANBU Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed by the detenu Anbu under Art. 226 of the Constitution, seeking for the issuance of a writ of habeas corpus quashing the order of detention passed by the second respondent and setting him at liberty.

(2.) The impugned order of detention was passed on 8-1-1986 by the second respondent in exercise of the powers conferred on him under S. 3(1) of Tamil Nadu Act 14 of 1982, on drawing the subjective satisfaction on the materials placed before him, with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, and the detenu was directed to be detained and kept in custody in the Central Prison, Madras.

(3.) Mr, Jagadeesan, learned counsel appearing on behalf of the petitioners, would challenge the order of detention on the ground that the detaining authority has not applied his mind to the facts of the case, but he has confused himself about the fact as to whether the detenu was in jail or not at the time when the order was passed, and as such the said order is vitiated on the ground of non-application of mind.