ESAKKIMUTHU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the order of detention of the first respondent dated 20.05.2008 made in No.9/BDFGISSV/2008, whereby the father of the petitioner namely Thalavairaj @ Periya Lefton was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter referred as the Act) terming him as a 'Goonda'.

(2.) ADMITTEDLY, pursuant to the recommendations made by the sponsoring authority that the detenu was involved in the cases registered in Cr.No.498/2007 on the file of the Pettai Police Station, under Sections 147, 341, 323, 325 r/w 34 IPC; in Cr.No.200/2008 on the file of the Pettai Police Station under Sections 341, 307, 302, 392, 506(ii) read with 120(b) IPC and apart from those two adverse cases, the detenu was also involved in a case registered in Cr.No.213/2008 on the file of the Pettai Police Station, under Sections 341, 294(b), 387, 307, 506(ii) IPC which was shown as a ground case, the detaining authority after looking into all the materials available recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and hence he has got to be detained under the Act in order to prevent his activities and for proper maintenance of the public order. The said order is the subject matter of challenge in this habeas corpus petition.

(3.) ALL the above grounds, in the considered opinion of the Court, are suffice to set aside the order under challenge. Hence, this Court has made undone by upsetting the order under challenge.