VASANTHI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, who is the wife of the detenu, Venkatesan, son of Natarajan, who was detained at Central Prison, Puzhal, Chennai, pursuant to the order of detention dated 31. 5. 2007 passed under Section 3 (1) 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, has filed this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention dated 31. 5. 2007 passed by the second respondent in Memo No. 226/bdfgissv/2007 against her husband, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 6. 4. 2007 at about 9. 30 hours. On receipt of reliable information, in respect of Crime No. 816 of 2007 on the file of K1 Sembium Police Station for the offences punishable under Sections 147, 148, 341, 324, 307, 302 and 506 (ii) IPC, the police personnel surrounded the detenu and one Tamilselvam @ Tamil, Venugopal @ Venu, Sugumar @ Sugu, Sridhar and Settu in front of Perambur thangal Cemetary, who threatened them at knife point by uttering filthy words. Further, they kicked the police on their abdomen, due to which the police personnel fell down. When the detenu and others tried to escape from the spot, the police personnel shouted and chased them. The public rushed to catch them. But, the detenu and others threatened the public at knife point and pelted stones by uttering filthy words. The public and the shopkeepers ran here and there fearing danger to their lives and properties. By their action, the detenu and others created panic. In the melee, the detenu and others escaped from the spot. A case was registered in Crime No. 626 of 2007 under Sections 332, 323, 325, 336, 307 and 506 (ii) IPC. The detenu was produced on P. T. Warrant on 27. 4. 2007 in Crime No. 626 of 2007 and remanded to judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are two adverse cases pending against the detenu in Crime No. 890 of 2006 on the file of K9 Thiru. Vi. Ka. Nagar Police Station for the offences punishable under Sections 147, 148, 448, 323, 427 and 506 (ii) of I. P. C. and Crime No. 816 of 2007 on the file of K1 Sembium Police Station for the offences punishable under Sections 147, 148, 341, 324, 307, 302 and 506 (ii) of I. P. C. and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.