SURESH ALIAS SURESH KUMAR Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent made on 7.7.2007 in No.293/2007, whereby the petitioner herein Suresh @ Suresh Kumar was termed as Goonda and detained under the Tamil Nadu Act 14 of 1982.

(2.) THE affidavit filed in support of the petition and the grounds of attack are noticed. THE Court heard the learned counsel for the petitioner and also perused the order under challenge.

(3.) THE learned counsel would further add that the Detaining Authority has pointed out in its order that he was aware of the fact that no bail application was filed till passing the order, but he was of the opinion that there was possibility for the petitioner coming out on bail. THE said conclusion was only a statement made by the Detaining Authority without any basis whatsoever. Lastly, a representation was given on 31.1.2008 and the rejection order was served on the petitioner on 26.02.2008 and thus, there was an undue and unexplained delay and hence for all those reasons, the order of detention has got to be set aside.