PERIYASAMY Vs. SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE order of detention dated 4. 5. 2007 passed by the third respondent herein in C. O. C. No. 9/2007/n. S. A. , against one Manoharan, son of the petitioner herein, in exercise of the powers conferred under sub Section (2) of Section 3 of the National Security Act, 1980 (Central Act 65 of 1980) read with orders issued by the Government in G. O. Ms. No. 947, Public (Lando-F) Department dated 15. 5. 2007, is being challenged in this petition by the father of the said Manoharan, seeking to issue writ of habeas corpus calling for the records in connection with the detention order and quash the same and to direct the respondents to set the detenu Manoharan, now detained in Central Prison, Tiruchirapalli at liberty.

(2.) THE ground case, on the basis of which the detaining authority passed the impugned detention order, is that on 21. 4. 2007 at about 9. 00 a. m. , one Palanivel lodged a complaint before the Inspector of Police, Muthupettai Police Station, alleging that the statue of E. V. R. Periyar erected at the outlet of Muthupettai New Bus Stand was disintegrated and its head and hands were missing and hence, necessary action has to be taken against the culprit. Based on the said complaint, a case was registered in Crime No. 103 of 2007 for offences under Sections 153, 427, 120 (b) of I. P. C. read with Section 3 (1) of Tamil Nadu Public Property (Damage and Loss) Act, 1992 and investigation was taken up. During investigation, the detenu Manoharan and his associate were arrested and when interrogated, they gave confessional statements, on the basis of which, the head of E. V. R. Periyar and other properties were seized. The detenu and his associate were produced before Judicial Magistrate, Thiruthuraipoondi, for remanding them into judicial custody.

(3.) THE detaining authority, the third respondent herein, taking note of the above ground case and also finding that the detenu came to the adverse notice of the authorities in two cases, viz. in Crime No. 90 of 2005 registered on the file of Perugavalanthan Police Station for offences punishable under Sections 147, 341, 323, 294 (b) and 506 (ii) I. P. C. and in Crime No. 398 of 2005 on the file of Muthupettai Police Station for offences under Sections 294 (b), 352 and 506 (ii) I. P. C. , having satisfied that the detenu Manoharan acted in a manner prejudicial to the maintenance of public peace, national harmony and instigation of ill-feeling on caste, religious and communal basis, ordered his detention in order to prevent him from indulging in such activities which are prejudicial to the security of the Nation.