G.LAXHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order No.16 of 2019, dated 25.2.2019.

(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 25.2.2019.

(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 detenue in Crime No.32 of 2019, for the offence under Sections 109 , 302 IPC r/w Section 3(2)(V) of the SC/ ST Act . The learned counsel submitted that the Detaining Authority having stated that no bail Petition has been filed by the detenu, proceeded to arrive at the subjective satisfaction only on 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.