PADMINI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS judgment shall govern these two habeas corpus petitions since they are out of the common adverse cases and the common ground case also.

(2.) THE petitioner in both the petitions is Mrs.Padmini the mother who has challenged the detention of her sons, Arun Babu in H.C.P.No.889 of 1997 and Jayababu in H.C.P.No.893 of 1997. Detention orders in both the cases have been passed on 14.2.1997, by the District Magistrate and District Collector, M.G.R. district at Tiruvallur. THE Detaining Authority has viewed both the detenus as "goonda" within the meaning of Sec.2 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Act 14 of 1982), (herein after called the "Act").

(3.) FOR these reasons alone, the petitions have to succeed in respect of both Arun Babu and Jayababu, the original detenus. We accordingly allow these petitions and set aside both the orders by which the said detenus have been detained. They be set at liberty forthwith, unless required in any other cases. H.Crl.M.P.Nos.5 and 6 of 1998 also dismissed.