LAWS(MAD)-2007-9-362

UMA RANI Vs. STATE OF TAMIL NADU

Decided On September 24, 2007
UMA RANI AND ANOTHER Appellant
V/S
STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI-9 Respondents

JUDGEMENT

(1.) (PRAYER: Petition filed under Article 226 of the Constitution of India to issue Habeas Corpus as stated therein.) The second respondent herein clamped an order of detention as against the detenu " Nehru, husband of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu 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 wife of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records pertaining to the detenu, who is detained under Tamil Nadu Act 14 of 1982 as a Goonda at Central Prison, Puzhal, Chennai by the second respondent vide her order in Memo No.156/BDFGISSV/2007, dated 10.4.2007 on the file of the second respondent, to quash the same and to direct the respondents to produce the detenu before this Court and to set him at liberty.

(3.) THE main contention of Mr.R.Sankarasubbu, learned counsel for the petitioner is that the detention of the detenu was not communicated to his family members.