MUTHUKUMAR @ VELLAIAN Vs. THE SECRETARY GOVERMENT

JUDGEMENT

(1.) The petitioner is the detenu, by name Mr. Muthukumar @ Vellaian, aged about 24 years. The detenu has been detained, as per the order of the second respondent, dated 01.07.2016, under Sec. 2(f) of the Tamilnadu Act 14 of 1982, branding him as 'Goonda'. Challenging the same, the petitioner has come up with this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned State Public Prosecutor appearing for the respondents. We have also perused the records carefully.

(3.) The main submission of the learned counsel for the petitioner is that the affidavit filed by the sponsoring authority was attested by the detaining authority himself prior to the date of passing the detention order. In this regard, drawing the attention of this Court to the affidavit submitted by the sponsoring authority to the detaining authority, the learned counsel for the petitioner demonstrated that the detaining authority attested the affidavit filed by the sponsoring authority on 30.06.2016 and passed the detention order on 01.07.2016. The learned counsel for the petitioner further submitted that the attestation made by the detaining authority in the affidavit filed by the sponsoring authority would show the predetermination of mind on the part of the detaining authority in passing the order of detention. Hence, the detention order is liable to be set aside. In support of his contention, he relied upon an unreported decision of a Division Bench of this Court in H.C.P.(MD).Nos.556 of 2016, etc. batch, dated 11.08.2016, wherein in paragraph Nos. 32 to 43, this Court has held as follows;