SUMATHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the son of the petitioner, as the said authority arrived at the subjective satisfaction that the detenu Selvam @ Vijayaselvam @ Surya is a Goonda and he has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) CHALLENGING the abovesaid detention, the mother of the detenu has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to call for the records leading to the detention of the detenu, detained at Central Prison, Puzhal, Chennai by the second respondent vide his order in Memo BDFGISSV No. 23/2007. Dated 9/4/2007, to quash the same as illegal and to consequently direct the respondents to produce the body and person of the detenu before this Court and to set him at liberty.

(3.) 3. 1. The order of detention dated 9. 4. 2007 was passed on the basis of ground case in Crime No. 24 of 2007 for alleged commission of offences under Sections 341, 294 (b), 506 (ii), 397, 427 of the Indian Penal Code. The allegation against the detenu was that on 14. 2. 2007 at about 0830 hours, when Mohammed Rafee parked his auto near ECR Bus Stand and went for taking tea, the detenu waylaid and threatened him by showing pen knife and demanded money. He forcibly plucked Rs. 200/- from the shirt pocket of the complainant and robbed wrist watch from him. The complainant shouted with fear and the hearing the same the general public gathered. The detenu threatened them and took a soda bottle and threw it in air and broke the bottles. Due to that the general public and school going children ran away helter skelter in panic. The detenu tried to escape, but the general public and the complainant caught the above accused. On receipt of the complaint, the case was registered and the detenu was remanded. 3. 2. That apart, the detaining authority also took note of five adverse cases pending against the detenu in Crime Nos. 667 of 2004, 304, 308 and 428 of 2006, and 20 of 2007 for the offences punishable under Sections 302, 379, 392, 397, 307 and 342 IPC. 3. 3. Considering these activities of the detenu are prejudicial to maintenance of public order, the detaining authority passed the impugned order. The detenu was declared as an "goonda" and was kept in custody at Central Prison, Cuddalore.