S.NAVIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus Petition is instituted calling in question the order of detention passed by the District Magistrate and District Collector, Dharmapuri on 14.12.2016, exercising the power available to him under Sec. 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offendrs, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982) (in short referred to as the 'Act' henceforth), detaining Shri Kalaimoorthy, Son of Kumar of Bethathampatti village, Pappireddippatti Taluk, Dharmapuri District. The District Magistrate-cum-Collector has also drawn the grounds of detention on the same day. Specifically, three instances of the alleged commission of various offences by the detenu were noted in the grounds of detention. They are registered as (i) Crime No.63 of 2012 on the file of the Morappur Police Station, (ii) Crime No.45 of 2014 of the same Morappur Police Station and (iii) Crime No.241 of 2014 on the file of the very same Police Station.

(2.) The reasons why the Detaining Authority has been satisfied in arriving at his conclusion that the detenu answers the description of Goonda as defined under Sec. 2(f) of the Act and as to why the detenu deserves to be detained to prevent him from indulging in commission of various offences are all set out in detail. The detention order tries to set out as to how fearsome the detenu was and as to how the society at large is fearful of his activities and as to how the law and order situation is getting impacted by the activities indulged by the alleged detenu.

(3.) Shri R.Sankarasubbu, learned counsel for the writ petitioner would strenuously urge that the provision available under Sec. 3 of the Act is greatly misused by taking recourse to the said provision, persons suspected to have been involved in more than one crime is sought to be detained.