FATHIMA BEEBI Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, PUBLIC (LAW AND ORDER - F) DEPARTMENT; THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND; THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Writ Petition challenges the order of the second respondent dated 26.7.2008 whereby the order of detention was made against the detenu, son of the petitioner, under the provisions of the National Security Act, 1980 (Central Act 65 of 1980).

(2.) It is not in controversy that the detenu was involved in three adverse cases viz., Crime No. 244/2008 under Sections 147, 148, 294(b), 506(ii) IPC registered in Dindigul Town West Police Station; Crime No. 239 of 2008 under Sections 143, 341, 336 IPC and 3(1) TNPPDL Act 1984 registered in Dindigul Town North Police Station; Crime No. 349/2008 under Sections 147, 341, 336 IPC and 3(1) TNPPDL Act, 1984 registered in Dindigul Town North Police Station. Apart from the three adverse cases, he was also involved in one ground case, which was registered by the Dindigul Town South Police Station in Crime No. 346/2008 under Sections 147, 148, 341, 307, 153(A), 153(B) IPC r/w 3(1) TNPPDL Act 1984.

(3.) The detaining authority, after looking into all the materials available recorded his subjective satisfaction that the detenu by his activities had created communal tension between the Hindus and the Muslims and affected the public order and hence, he should be detained under the provisions of the National Security Act.