KUPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition filed by the detenu under Art.226 of the Constitution of India, for the issuance of writ of Habeas Corpus quashing the order of detention and to set him at liberty.

(2.) The detention order dated 9-3-1988, was passed by the Collector and District Magistrate, Coimbatore, under Tanul Nadu Act 14 of 1982, with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order as a Bootlegger.

(3.) The main ground urged by the learned counsel for the petitioner is that there was no compelling necessity to pass an order of detention against the detenu who was already on remand. It is now well settled that, in respect of a person who is already on remand, the detaining authority should be aware of the position and there must be a compelling reason justifying the detention order in such circumstances. In Suraj Pal Sahu v. State of Maharashtra, (1986) 4 SCC 378, it has been held that the prejudicial activities of the person detained should be continuous in character and should be of such nature so as to fully justify the detention order. In the present case, the grounds of detention would disclose that the detaining authority was aware that the petitioner was on remand and it is added-