G SUMATHI Vs. SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu, son 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.) 1. The order of detention dated 29. 5. 2007 was passed on the basis of ground case that occurred on 30. 4. 2007 at about 10. 00 a. m. It is stated that on the said day, when one saravanan and his friends were having tea, the detenu came there, started wordy altercation with Saravanan and demanded money. When Saravanan refused, the detenu took Veecharuval and threatened to kill him. When Saravanan further refused to give money, the detenu attacked him with Veecharuval on his neck and right leg and caused serious injury and snatched Rs. 650/- from Saravanan. When friends of Saravanan intervened, the detenu picked up soda bottles and hurled the same against the public. The public who were at the spot noticing the atrocious activities ran for safer places out of fear of danger to their lives and properties. On the same day, the detenu was arrested in connection with three cases in Crime Nos. 251, 323 and 335 of 2007 on the file of villupuram Town Police Station. 2. 2. The detaining authority also took not of three adverse cases pending against the detenu, viz. , Crime nos. 520 of 2006, 251 and 323 of 2007 all on the file of villupuram Town Police Station for the offences punishable under Sections 147, 148, 294 (b), 341, 323, 324, 506 (ii) and 307 IPC read with Section 3 of the Explosive Substances act, 1908. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.

(3.) CHALLENGING the said detention, the mother of the detenu has come forward with the present Habeas Corpus petition seeking a writ of habeas corpus to call for the records in C2/22763/2007, dated 29. 5. 2007 on the file of the second respondent herein, to quash the same as illegal and to consequently direct the respondents to produce the detenu, now confined in Central Prison, Cuddalore, before this Court and to set him at liberty.