IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15.03.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE C.S. KARNAN HCP. No.1746 of 2009 V. Rathanammal ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department., Fort St.George, Chennai – 9. 2. The District Collector and District Magistrate, Ariyalur District, Ariyalur. ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to call for the records of the second respondent in his order Cr.M.P. No.8/2009 dated 16.3.2009 and to quash the same and consequently direct the respondents to produce the detenu Thada @ Veeramani, aged 25 years, S/o. Viswanathan.V, now confined in Central Prison, Trichy to set him liberty forthwith. For Petitioner : Mr. R. Ramprakash For Respondents : Mr. V.R. Balasubramanian Additional Public Prosecutor O R D E R (Order of the Court was made by M. CHOCKALINGAM,J) Challenge is made to the detention order passed by the second respondent in proceedings No.Cr.M.P. No.8/2009 dated https://hcservices.ecourts.gov.in/hcservices/ 16.3.2009, whereby the order of detention was passed against the alleged detenu Thada @ Veeramani branding him as "Goonda". 2. This Court heard the learned counsel appearing for the petitioner. Affidavit filed in support of the petition is perused. 3. It is not in controversy that an order of detention came to be passed by the second respondent terming the detenu as "Goonda" on the recommendations made by the Sponsoring Authority that he is involved in two adverse cases viz. (i) Ariyalur: Jeyankondam Police Station Crime No.184 of 2005 for the offences under Sections 341, 324, 307, 506(ii) of the Indian Penal Code and (ii) Ariyalur:Jeyankondam Police Station Crime No.246 of 2006 for the offences under Sections 341, 294(b), 307, 506(ii) of the Indian Penal Code and Sections 4 and 5 of I.E.S. Act and also the ground case in Crime No.91 of 2009 registered by Jayamkondam police station for the offence under Section 302 of the Indian Penal Code. The second respondent passed the detention order, after arriving at the subjective satisfaction that the activities of the alleged detenu were prejudicial to the maintenance of public order. Hence, he was to be termed as Goonda as contemplated under Section 2f of the Tamil Nadu Act 14 of 1982 and the order of detention was passed. 4. Assailing the order of detention, learned counsel appearing for the petitioner would submit that in the instant case, the translated version that was given was self contradictory. Insofar as the motive part is concerned, two different modes are actually found both in the Tamil version and in English/ In the Tamil version, it is stated that he would do away with the life of the victim. But in the translated version, it is not found to be so and that the translated version is found discriminatory. 5. Learned counsel added further that it is the case of 302 of the Indian Penal Code, which is against a particular individual and hence, there is nothing as to disturb the public order or peace. Hence there is nothing to disturb the maintenance of public order. Under such circumstances, the conclusions arrived at by first and second respondents that the activities of the detenu were prejudicial to the maintenance of public order was not correct. Under such circumstances, it has got to be set aside. 6. In order to fortify the third ground, learned counsel relied on the decision reported in the case of KAUSALYA, SMT. v. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE (2005 MLJ (Crl.) 612). https://hcservices.ecourts.gov.in/hcservices/ 7. This Court heard the learned Additional Public Prosecutor on the above contentions. 8. This Court paid its anxious consideration on the submissions made by either side. The detention order is challenged on three grounds. Firstly, no proper translated version was given to the detenu. Secondly, the motive part is not actually spoken to correctly. Thirdly, it was only a case of murder. Insofar as ground case was concerned, the allegation against the detenu was one for murder and hence it would not even touch the public tranquility or peace. 9. After looking into the materials on record, the Court is of the considered opinion that the Court is unable to agree with anyone of the contentions. Insofar as the translated version is concerned, learned counsel appearing for the State brought to the notice of this Court that the translated part of which is attacked by the learned counsel for the petitioner is not in any way found to be discriminatory. 10. Insofar as the second contention of motive is concerned, the Court is unable to notice any contra view than what is found. Apart from that, insofar as the third contention is concerned, as could be seen from the order, a case in crime No.91 of 2009 was registered for the ground case. It is true that the case was registered for murder under Section 302 of the Indian Penal Code, but it had taken place in public place. There was a narration as to how the tranquility and peace was disturbed. 11. The decision relied on by the learned counsel for the petitioner is not applicable to the present case. In that case, there was a meeting going on, there was some disturbance and thereafter, peace was restored. In the present case, the public tranquility and peace was in peril. It cannot be said that it was an act against the particular individual. It was taken place in public place and created panic in the minds of the public. Hence, the Authorities are perfectly correct in saying that the detenu has disturbed the maintenance of public order. Hence, the contention of the learned counsel for the petitioner cannot be accepted and no merit is carried away by the petitioner's side. The order under challenge has got to be sustained. Accordingly, the habeas corpus petition is dismissed. Sd/ Asst Registrar /True Copy/ Sub Asst Registrar https://hcservices.ecourts.gov.in/hcservices/ ssa. To 1.The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department., Fort St.George, Chennai – 9. 2. The District Collector and District Magistrate, Ariyalur District, Ariyalur. 3. The Public Prosecutor, High court, Madras. 4. The superintendent Central prison, Trichirappalli. 5. The Joint Secretary, Public (law & Order) Department Chennai-9. H.C.P. No.1746 of 2009 (CO-KA) THS : 05.04.2010 https://hcservices.ecourts.gov.in/hcservices/