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2003 DIGILAW 2182 (MAD)

Nagarajan M. v. The Secretary to Government & Another

2003-12-31

M.KARPAGAVINAYAGAM, R.BANUMATHI

body2003
Judgment :- M.Karpagavinayagam, J. The detenu is the petitioner. He has been branded as a goonda by the detention order dated 11.09.2003. 2. There is no dispute in the fact that all the adverse cases would relate to the theft alleged to have been committed by the detenu from 26.10.2002 to 23.08.1983. The ground case is on 27.08.2003. According to the sponsoring authority, on 27.08.2003 at about 8.00 pm., when one Mani was returning home through Broadway, the detenu wrongfully restrained him and took away money from his shirt packet. He also took out a knife from his hip and attempted to stab Mani with that knife and thereafter, snatched his wrist watch. On the said Mani raising hue and cry, public gathered there and when they rushed to apprehend the detenu, he pelted stones on them. Then police personnel on coming to know of the incident, rushed to the spot and apprehended the detenu. 3. The only ground urged by the counsel for the petitioner is that this is a solitary incident which relates to the public order, on which the case has been registered under Sections 341, 323, 336, 307, 392 and 506(ii) IPC. In order to establish that the solitary instance of robbery would not give rise to the cause of action for invoking the Act 14/1982, he cited the decision rendered by the Supreme Court in Darpan Kumar Sharma ..vs.. State of Tamil Nadu and others (2003 SCC (Cri) 537). In this context, it will be worthwhile to refer to the observation made by the Supreme Court in the above case. "...In the present case, the three alleged incidents to which the Commissioner of Police has referred to are thefts arising under Section 379 IPC and, therefore, there is only a solitary instance wherein the detenu is alleged to have robbed in a public place, one Kumar. Therefore, there is no material on record to show that the reach and potentiality of the single incident of robbery was so great as to disturb the even tempo or normal life of the community in the locality or disturb general peace and tranquility or create a sense of alarm and insecurity in the locality. Therefore, there is no material on record to show that the reach and potentiality of the single incident of robbery was so great as to disturb the even tempo or normal life of the community in the locality or disturb general peace and tranquility or create a sense of alarm and insecurity in the locality. Though in the grounds of detention the detaining authority had stated that by committing this offence in public the detenu created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area and thereby acted in a manner prejudicial to the maintenance of public order which affected the even tempo of life of the community, but citation of these words in the order of detention is more in the nature of a ritual rather than with any significance to the content of the matter. Thus, a solitary instance of robbery as mentioned in the grounds of detention is not relevant for sustaining the order of detention for the purpose of preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. This ground is enough to quash the order of detention made by the respondents". This observation, in our view, would apply to the facts of the present case. There is no dispute that there is only a solitary instance wherein the detenu is alleged to have robbed in a public place, one Mani. It cannot be said that the instance would convey any material to show that the reach and potentiality of the single incident of robbery was so great as to disturb the even tempo or normal life of the community. Though in the grounds of detention, the detaining authority stated that by committing this offence offence in public the detenu created a sense of alarm, and thereby acted in a manner prejudicial to the maintenance of public order. The said statement available in the grounds of detention is more in the nature of a ritual rather than with any significance to the content of the matter. Therefore, as pointed out by the Supreme Court, a solitary instance of robbery as mentioned in the grounds of detention cannot be said to be relevant for sustaining the order of detention for the purpose of preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. Therefore, as pointed out by the Supreme Court, a solitary instance of robbery as mentioned in the grounds of detention cannot be said to be relevant for sustaining the order of detention for the purpose of preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. Therefore, in our view, the detention order cannot be sustained and is liable to be set aside. 4. Accordingly, the impugned order of detention is set aside and the Habeas Corpus Petition is allowed. The detenu is directed to be set at liberty forthwith, unless he is required in connection with any other case.