SANGEETHA Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in Cr.M.P.No.07 of 2019, dated 24.03.2019.

(2.) The Sponsoring Authority had recommended for the detention of the Petitioner under Act 14 of 1982 on a solitary case registered against the Petitioner and the Petitioner was thereafter arrested in the said case. The Detaining Authority has branded the detenu as a ''Goonda'' and has passed the Detention order, dated 24.03.2019.

(3.) The learned counsel for the Petitioner submitted that the Detention Order was passed based on a solitary case that has been registered against the detenu in Crime No.2 of 2019, for the offence under Sections 363 , 392 , 394 , 397 IPC r/w 66(c), 66(D), 33(E) of the Information Technology Act. The learned counsel submitted that the Detaining Authority having stated that bail petition filed by the petitioner was dismissed and no bail Petition was pending at the time of passing detention order, proceeded to arrive at the subjective satisfaction only on the ground that similarly placed accused persons have been granted bail by the Higher Court. The learned counsel further submitted that the subjective satisfaction has been arrived at without any materials and therefore, the Detention Order is vitiated.