HARIFA BANU Vs. COMMISSIONER OF POLICE SALEM

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE order of preventive detention under Act 14/82 is in question in the present Habeas Corpus Petition.

(3.) IN the above background, the learned counsel for the petitioner has contended that the detaining authority has not applied his mind to the relevant facts and circumstances before coming to a conclusion that there was imminent possibility of the detenu being released on bail. It has been submitted by the counsel for the petitioner as a matter of fact the very same question was raised by the co -accused who had been similarly detained in H.C.P.No.841/2006 wherein the order of detention was quashed by judgment dated 21.11.2006. In the said order it was observed as follows: