GUBENDRAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER , Gubendran alies Guben has been detained as a goonda under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 17.7.1995, passed by the second Respondent, Commissioner of Police, Madras City, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) THIS habeas corpus Petition will have to be allowed on the short ground of non -application of mind on the part of the Detaining Authority and hence it will be unnecessary to detail the facts, which led to the passing of the impugned order of detention.

(3.) IT is clear that the Detaining Authority has stated that the injuries sustained by the detenu were due to his falling down, when he was attempted to be apprehended. The paper book supplied would go to show an altogether different picture, as if the detenu was attacked by a known person. It is easily possible to hold that either there has been non -application of mind, or the Detaining Authority had relied upon extraneous material not supplied to the detenu. Eitherway, the detenu is bound to succeed.