FATHIMA SUDHA ALIAS ESAKI SUDHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) WIFE of the detenu has filed this Habeas Corpus Petition for quashing the order of detention passed by the District Collector and District Magistrate, dated 12.11.2007, branding the petitioner's husband Sahayaraj as Goonda and confined at Central Prison, Palayamkottai.

(2.) THE detenu came to the adverse notice of the police in three cases. Two cases were registered against him in Crime Nos.112 and 164 of 2006 under Section 379 IPC on the file of the Valliyoor Police Station and the third case was registered on 03.11.2007 in Crime No.455 of 2007 under Sections 294(b) 323 and 506(2) IPC on the file of the same Police Station. THE first two adverse cases are pending trial and the third adverse case is under investigation, when the order of detention was passed. THE order of detention was passed on the basis of the ground case alleged to have caused on 04.11.2007 on the file of Valliyoor Police Station in Crime No.456 of 2007 under Section 294(b) 353, 307, 506(ii), IPC in which he has been remanded. THE detenu has not preferred any bail application, till the detention authority passed the order of detention under the Tamil Nadu Act 14 of 1982.

(3.) IN this context, it would be useful to extract few decisions of the Supreme Court as well as this Court. IN Niranjansingh Vs. State of Madhyapradesh reported in (1972(2) SCC 542), the Apex Court while emphasizing the need for explaining the delay held that