SIVAKAMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in P. D. No. 09/2019 dated 26. 05. 2019.

(2.) The Sponsoring Authority had recommended for the detention of the detenu under Act 14 of 1982 on a solitary case registered against the detenu and the detenu was thereafter arrested in the said case. The Detaining Authority has branded the detenu as a ''Goonda'' and has passed the Detention order, dated 26. 05. 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. 122 of 2019, for the offence under Sections 302 IPC altered into 147, 148, 452, 302 and 120(b) IPC . 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 the ground that similarly placed accused person has been granted bail by the Sessions Court. The learned counsel further submitted that the subjective satisfaction has been arrived at without any materials and therefore, the Detention Order is vitiated.