P SHANTHI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, mother-in-law of the detenu, by name gopi, challenges the order of detention dated 31. 5. 2007 made in Memo No. 223/bdfgissv/2007 passed by the second respondent branding the said Gopi as Goonda under the provisions 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 ).

(2.) THE ground case which led the detaining authority to pass the order of detention dated 31. 5. 2007 is that on 6. 4. 2007, when the police party attached to K1 Sembium police Station were on a hunt for the detenu, an absconding accused, they stumbled upon the detenu near Perambur Railway station. On seeing the police party, the detenu tried to flee the spot. However, the police party surrounded and tried to apprehend him. In the melee, the police personnel were kicked and beaten by the detenu and unable to bear the pain, they fell down on the ground. The detenu then went on a violent spree and pelted stones against the police, which scattered on the road and thus created panic in the minds of the public. Taking advantage of the panic situation, the detenu made his good escape from the spot. On the basis of the special report, a case was registered in Cr. No. 817/2007 under Sections 332, 323, 325, 336, 307 and 506 (ii) IPC.

(3.) THE second respondent, taking note of the above ground case and one adverse case, ordered his detention dubbing him as a Goonda.