A ANAND Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE order of detention dated 31. 5. 2007 made in Memo no. 229/bdfgissv/2007 passed by the second respondent dubbing one Settu, who is the uncle of the petitioner, as Goonda 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), is being challenged in this writ petition.

(2.) THE ground case which led the detaining authority to pass the order of detention dated 31. 5. 2007 is that on 6. 4. 2007, when the police party attached to K1 Sembium police Station were on a hunt for absconding accused, they stumbled upon the detenu and his associates near Perambur thangal Cemetry. On seeing the police party, the detenu and his associates tried to flee the spot. However, the police party surrounded and tried to apprehend them. In the melee, the police personnel were kicked and beaten by the detenu and his associates and unable to bear the pain, they fell down on the ground. The detenu and his associates then went on a violent spree and pelted stones against the police, which scattered on the road and thus created panic in the minds of the public. Taking advantage of the panic situation, the detenu and his associates made their good escape from the spot. On the basis of the special report, a case was registered in Cr. No. 626/2007 under Sections 332, 323, 325, 336, 307 and 506 (ii) IPC.

(3.) THE second respondent, taking note of the above ground case and one adverse case, ordered his detention dubbing him as a Goonda.