VAHIDA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records pertaining to the detention order made in BDFGISSV No.04/2009 dated 12.1.2009 by the second respondent herein and set aside the same and direct the respondents to produce the detenu K.P. Anandan, who is detained in Central Prison, Puzhal, Chennai, before the Court and set him at liberty.)Elipe Dharma Rao, J.1. The petitioner, who is the wife of the detenu, challenges the order of detention passed by the second respondent dated 12.1.2009.

(2.) HEARD the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

(3.) IN the present case on hand, both the adverse cases and the ground case are registered under provisions of Act 14 of 1982 branding the detenu as Slum Grabber. Therefore, in view of the law laid down by the Apex Court as stated supra, it cannot be said that the detenu had acted in a manner prejudicial to the maintenance of public order. Hence, following the ratio laid down by the Apex Court in Saravana Babu v. State of Tamil Nadu, 2008 (2) TLNJ 243 (Cri.), we allow this Petition thereby quashing the impugned order of detention.