THANGAMMAL Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Habeas corpus Petition has been filed to call for the records pertaining to the order of detention passed by the 2nd respondent herein and made in S. C. No. 12/2009 dated 19. 03. 2009, set aside the same and to produce the body of the detenu, Moorthy, now confined in central Prison, Salem, before this Court and set him at liberty.

(2.) THE petitioner, who is the mother of the detenu, challenges the order of detention, detaining him under the provisions of tamil Nadu Act 14 of 1982, after he was identified as a "goonda", since he had come to the adverse notice of the authorities on eleven earlier occasions and that on 05. 03. 2009, he indulged in activities prejudicial to the maintenance of public order by threatening the complainant. Tr. Logesh with a knife, which resulted in registration of the ground case in crime No. 114 of 2009 on the file of the Inspector of Police, Hudco police Station, for the offence under Section 392 IPC. In view of the above, the sponsoring authority has satisfied that the detenu is habitually committing crimes and also acted in a manner prejudicial to the maintenance of public order and as such he is a goonda, as contemplated under Section 2 (f)of the Tamil Nadu Act 14 of 1982 and hence, sponsored the detenu before the Detaining authority for passing an order of detention against him. The Detaining Authority, on consideration of the materials placed before him, passed the order of detention against the detenu. Aggrieved of the same, the present Habeas Corpus Petition is filed.

(3.) HEARD the learned counsel appearing for the petitioner and the learned Additional public Prosecutor appearing for the State.