LAWS(MAD)-2018-7-1319

MAHESHWARAN Vs. STATE OF TAMIL NADU AND OTHERS

Decided On July 18, 2018
Maheshwaran Appellant
V/S
STATE OF TAMIL NADU AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner is the brother of detenu - Periyasamy son of Murugan. Detenu has been detained by the second respondent by his order in 52/2018 dated 22.06.2018, holding him to be a "Goonda", as contemplated under Section of 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for petitioner would mainly focus on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. Learned counsel, by placing authorities, submitted that the arrest of the detenu in the ground case has not been intimated to the family members and that the fact of intimation of arrest of the detenu to his family members finds no support in the booklet produced.