SARAVANAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 19.03.2007, whereby, he has been detained as "Immoral Traffic Offender" as contemplated under 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).

(2.) AT the foremost, learned counsel for the petitioner submits that, though the translated copy of the statement of the complainant/victim has been given to the detenu, her statement in Hindi has not been supplied to him so as to make him aware of the actual contents thereof. Further, by stating that anonymous letters, which find place at page Nos.132 to 148 of the Booklet supplied to the detenu, have been relied on by the Detaining Authority for arriving at the subjective satisfaction, learned counsel further submits that allegations have been made in those letters only as against the main accused and that the detenu has nothing to do with the same. According to him, inasmuch as the Detaining Authority relied on extraneous materials, the ultimate detention order is liable to be set aside.

(3.) INSOFAR as the submission made with regard to the letters available at page Nos.132 to 148 of the Booklet and the allegations made therein are concerned, it is seen that the same had been written by the members of the public projecting their grievance on account of the illegal activities of the accused including the detenu herein under the leadership of the first accused. Inasmuch those letters have been referred to and relied on, the same have been supplied to the detenu. The detenu could project the plea of prejudice only if the said letters had not been supplied to him and those materials having been supplied, the same would only endorse the fairness on the part of the Detaining Authority. That being so, we do not find any substance in this segment of contention as well. In the result, the Habeas Corpus Petition is dismissed as devoid of merits.