NNAVAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) IN the present petition, which is filed by the detenu himself, the petitioner challenges the order dated 26.5.1999, passed under the provisions of Sec.3(2) of the National Security Act, 1980 by the District Collector and District Magistrate, Sivagangai District, Sivagangai, directing the preventive detention of the detenu Thennavan, son of Machakalai, with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) AMONG the grounds supplied, it is stated that some incidents are relied upon. The first incident is dated 5.10.1998 where the detenu, with his other colleagues, had formed an unlawful assembly and had obstructed the transport corporation bus and caused injury to the driver of the bus. No crime number has been mentioned in respect of this incident in paragraph 1. Instead, it is stated in paragraph 2 that on the same day, at about 13.15 hrs., the said unlawful assembly caused damage to the bus, for which Crime No.387 of 1998 involving offences under Sec.147, 341, 427, I.P.C. and Sec.2 and 3 of the T.N.P.P.D.L. Act was registered. It is then suggested that the detenu was enlarged on bail for this offence. In paragraph 4, another incident dated 3.5.1999, again a formation of unlawful assembly, is relied upon and it is suggested that a transport corporation bus was set to fire by that unlawful assembly for which Crime No.152 of 1999, involving offences under Sec.147, 148, 341, 506(II) and 435, I.P.C. and Sec.2 and 3 of T.N.P.P.D.L. Act, was registered. In paragraph 5, another incident, dated 3.5.1999, of the similar nature is relied upon and it is alleged that the said unlawful assembly broke the diesel tank and set fire to the bus, It is suggested that Crime No.154 of 1999 for offences under abovementioned sections, barring Sec.506(II), I.P.C. was registered. In paragraph 6, an incident, dated 4.5.1999, of the similar nature of formation of an unlawful assembly is relied upon and it is alleged that the said unlawful assembly pelted stones and caused damage to the police vehicles and for that, Crime No.156 of 1999 involving offences, under Sec.147, 341, 336, 353, 506(II), I.P.C. and Sec.2 and 3 of T.N.P.D.L. Act was registered. Lastly, in paragraph 7, the incident dated 4.5.1999 of the similar nature is relied upon and it is alleged that Government vehicles were damaged on that date about 11.45 hrs. by that unlawful assembly by pelting big stones. It is alleged that Crime No.157 of 1999, involving offences under Sec.147, 353, 379, I.P.C. and Sec.2 and 3 of T.N.P.P.D.L. Act was registered by the police,. Paragraph 8 of the grounds suggest the fats dependent upon the incidents mentioned above, which are dated 5.10.1998, 3.5.1999 and 4.5.1999. In paragraph 9, it is suggested that the detenu was arrested on 17.5.1999 at 04.00 hrs. at T.Palaiyar railway-gate and judicial remand was ordered till 14.6.1999 and further he was remanded upto 28.6.1999. It is only on basis's of these grounds that the Detaining Authority has chosen to pass the order of detention. In paragraph 10, this is what the Detaining Authority has mentioned.

(3.) WE are, therefore, of the clear opinion that this is a case of non-application of mind and, therefore, the order must be vitiated on that account. WE accordingly set aside the detention order and order the immediate release of the detenu, unless he is required in any other offence. The habeas corpus petition is allowed in the above terms.