G P PUSHPA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the mother of the detenu, Ravi, son of Govinaswamy. The detenu was incarcerated by order dated 22. 6. 2007 of the second respondent 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) branding him as a Goonda. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 22. 6. 2007 in Memo No. 259/bdfgissv/2007 against her son Ravi, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) THE order of detention dated 22. 6. 2007 came to be passed based on the ground case said to have taken place on 4. 6. 2007 at about 13. 00 hours, on the basis of the complaint lodged by one Jahir Hussain before the Inspector of Police, Law and Order, T-12 Poonamallee Police Station. According to the complainant, while he was walking at Cantonment Amman Koil Street, the detenu herein, waylaid him and demanded money at the knife point. Out of fear, the complainant handed over his cell phone and wrist watch. The detenu voluntarily inserted his hand into the shirt pocket of the complainant and took away Rs. 160/ -. The complainant raised hue and cry. When the people who were nearby came for his rescue, they were threatened by showing knife. In this regard, a case was registered in Crime No. 508 of 2007 on the file of T12 Poonamallee Police Station for the offences punishable under Sections 341, 307, 427 and 506 (ii) IPC. The detenu was arrested on the same day at about 18. 00 hours and remanded to judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are four adverse cases pending against the detenu for the offences punishable under Sections 341, 323, 324, 294 (b) and 506 (ii) IPC and Section 75 of M. C. P. Act, 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.