IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 27.08.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN H.C.P. No.766 of 2010 Manju @ Manjunath ... Petitioner Vs. 1.The Secretary to the Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 2. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri. ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to call for the records relating to the detention Order S.C. No.44/2009 dated 16.11.2009 passed by the second respondent and set aside the same and direct the respondents herein to produce the body of the detenu Manju @ Manjunath, Son of Thottanna, aged about 34 years, the detenu now confined in Central Jail, Salem before this Court and set him at liberty forthwith. For Petitioner : Mr. A.K.S. Thahir For Respondents : Mr. Babu Muthu Meeran, Additional Public Prosecutor O R D E R (Order of the Court was made by M. CHOCKALINGAM,J) This petition is brought forth by the detenu himself challenging the order passed by the second respondent in S.C. No.44/2009 dated 16.11.2009, whereby he was ordered to be detained as a "Goonda" under the provisions of the Act 14 of 1982. https://hcservices.ecourts.gov.in/hcservices/ 2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge. 3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in four adverse cases viz. (i) Hosur Police Station Crime No.1084/2008 for the offences under Sections 402,304, 394 read with 397, 120(B) of the Indian Penal Code and (ii) Thally Police Station Crime No.147/2009 for the offences under Sections 457, 511 of the Indian Penal Code; (iii) Thally Police Station Crime No.171/2009 for the offences under Sections 457, 380 of the Indian Penal Code; (iv) Royakottai Police Station Crime No.232/2009 for the offences under Sections 457, 380 of the Indian Penal Code and one ground case in Crime No.1580 of 2009 registered by Hosur Police Station for the offence under Section 392 of the Indian Penal Code for the incident that had taken place on 04.11.2009 and the detenu was arrested on the same day, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court. 4. The only ground urged by the learned counsel for the petitioner is that the detenu has not moved for any bail insofar as ground case in Crime No.1580 of 2009 is concerned, but the Detaining Authority has observed in the detention order that there was a real possibility of the detenu coming out on bail. The said observation is without any basis or materials much less cogent materials which the law would requite. Learned counsel would submit that in the instant case, the observation of the Detaining authority is not only non-application of mind but also without any material. 5. This Court heard the learned Additional Public Prosecutor on the above contentions and paid its anxious consideration on the submissions made. 6. As could be seen from the available materials, the Detaining Authority has made the order of detention terming the detenu as a "Goonda", on the strength of the materials placed before him pertaining to four adverse cases and one ground case as referred to above, and has recorded the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order. 7. It is an admitted position that the detenu has not moved for any bail insofar as ground case in Crime No.1580 of 2009 is concerned. But the Detaining Authority has observed in the detention order as follows:- https://hcservices.ecourts.gov.in/hcservices/ " 4. I am aware that Thiru. Manju @ Manjunath is in remand in Hosur Police Station Crime No.1580/2009 u/s.392 IPC and has not moved any bail application. I am also aware that there is real possibility of his coming out on bail by filing bail application for the above case since in similar cases bails are granted by the concerned Court of Higher Courts after lapse of time. If he comes out on bail, he will continue to indulge in same activities, which will be prejudicial to the maintenance of public order. Further, the recourse to normal criminal law would not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of public order. On the materials placed before me and after coming to consideration the ground case as well as the past cases together, I am satisfied that the said Thiru.Manju @ Manjunath is a Goonda and there is a compelling necessity to detain him under the provisions of the Tamil Nadu Act 14 of 1982, in order to prevent him from indulging in such further activities in future which are prejudicial to the maintenance of public order." From the above, it is clear that the observation of the authority is only an expression of the impression in the mind of the Authority and only an inference and that too without any basis or materials much less cogent material as the law would require. On this ground, the detention order has got to be set aside. 8. Accordingly, the Habeas Corpus Petition is allowed, setting aside the detention order passed by the second respondent in S.C. No.44/2009 dated 16.11.2009. The detenu, namely, Manju @ Manjunath, who is now confined in Central Jail, Salem is directed to be set at liberty forthwith unless his custody/detention is required in connection with any other case. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssa. https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 2. The District Collector and District Magistrate, Krishnagiri District, Krishnagiri. 3.The Joint Secretary to Government, Public (Law And Order) Department Fort ST.George, Chennai -600 009. 4.The Superintendent, Central Prison, Salem. 5.The Public Prosecutor, High Court, Madras. H.C.P. No.766 of 2010 JRG(CO) PMK.23.9.2010 https://hcservices.ecourts.gov.in/hcservices/