MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has challenged the order of detention passed by the second respondent on 31.10.2007, terming him as a Goonda and detaining him under the Tamil Nadu Act 14/1982.

(2.) THE affidavit filed in support of the petition is perused. THE Court heard the learned counsel on either side and also looked into the materials available along with the grounds of detention.

(3.) THE learned counsel would further add that a perusal of the order would clearly indicate that the Authority has stated in the marginal note the third adverse case Crime No.524 of 2007, but when details were given, the crime number was mentioned as 527 of 2007, which also requires clarification, but the Detaining Authority has failed to do so. Thirdly, in the ground case, there was no bail application filed at all. THE Detaining Authority has pointed out in its order that no bail application was also filed, but further it was averred that there was possibility of making bail application in future and he would be let on bail and thus, it was only an impression in the mind of the Authority concerned even without any basic materials and under these circumstances, it was taken as a mere statement as usual. Hence it had no basis and therefore, there was no application of mind at all. THE learned counsel would further add that after arrest was made, no relative was informed about the same and in page 124 of the booklet, it was mentioned that the arrest was informed to one P.Kathirvel, but whether he is relative or a third party to the petitioner remained unknown. THE petitioner had no relative as Kathirvel. Added further the learned counsel that in the description of the relatives in page 121, it is mentioned that he had mother and a daughter only but, nowhere the name of Kathirvel is found as relative and under these circumstances, there was actually no intimation at all as to the factum of arrest. Thus, all would go to show that there was not only lack of application of mind, but also the order is infirm and hence it has got to be set aside.