SAKTHIVEL Vs. COMMISSIONER OF POLICE CHENNAI

JUDGEMENT

(1.) THE detenu has impugned the order of detention made against him under the Tamil Nadu Act 14 of 1982. THE detenu has been arrested on 6.8.1998 for offences under sections 341, 392, 336 read with section 397 and 506 (2) I.P.C., as he was involved on the said date in the occurrence of committing breach of public order by causing threat to one Kasinathan in the public street and robbed from him a sum of Rs. 65 and also a wrist watch. THEreafter, he indulged in throwing soda bottles to cause apprehension in the minds of the public and also brandishing a knife and threatened those who were witnessing the occurrence saying if anyone approached to get hold of him, they would be stabbed. Ultimately, after satisfying with the report of the sponsoring authority, the detaining authority has passed the impugned order on 18.8.1998.

(2.) THE order of detention is impugned by the learned counsel for the petitioner on the ground that the mother of the detenu gave a telegram on 3.8.1998 stating that her son Sakthivel was arrested by Ex.1 police station on 24.7.1998 and was in illegal custody. This particular telegram has not been taken into consideration by the detaining authority and as such, the order of detention is vitiated on the ground of non-application of mind. On the basis of this telegram, learned counsel for the petitioner wanted to stress that when the detenu was already under illegal detention on 6.8.1998, there is no possibility of his involving on 6.8.1998 in the ground case and hence it is a vital document which ought to have been taken into consideration by the detaining authority to come to the conclusion with regard to the involvement of the detenu in the ground case.