LAWS(MAD)-2017-10-36

I.THIRIPURASUNDARI Vs. THE SECRETARY TO GOVERNMENT

Decided On October 31, 2017
I.Thiripurasundari Appellant
V/S
The Secretary to Government Respondents

JUDGEMENT

(1.) The petition seeks to challenge the Detention Order dated 11-07-2017. The Detaining Authority, in the impugned order has taken note of 16 adverse cases pertaining to the detenue. A perusal of paragraph 2(vi) shows that out of 16 cases, the detenue stands acquitted in ten (10) cases. Furthermore, trial is pending in two (2) cases. In addition, according to the Detaining Authority, two (2) cases are under investigation.

(2.) Insofar as the subject cases are concerned, the Detaining Authority has exercised powers under the Puducherry Prevention of Anti-Scial Activities Act, 2008 (Act No.10 of 2010). The said cases are numbered as: Cr.No.193 of 2016 and Cr.No.229 of 2016. According to the Detaining authority, the detenue has applied for bail in these matters, which are presently pending adjudication.

(3.) This apart, our attention has been drawn by the counsel for the petitioner to the fact that a representation for release of the detenue was made on14.07.2017. In the said representation, inter alia, an assertion was made that no underlying material, based on which the detaining authority came to exercise the powers under Puducherry Act 10 of 2010, was supplied to the detenue. 3.1. It is, therefore, submitted before us that failure to supply underlying material based on which the detention order is passed renders it unlawful.