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2006 DIGILAW 142 (MAD)

M. Rani v. The Secretary to Government & Another

2006-01-23

N.PAUL VASANTHAKUMAR, P.SATHASIVAM

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records of the respondents comprised in the impugned detention order No.370/2005 dated 20.7.2005 and the grounds of detention in Memo No.370/BDFGISV/2005 dated 20.7.2005 passed by the 2nd respondent under Tamil Nadu Act 14/82 against the petitioner’s son M.Nataraj (aged about 25), S/o.Murugan, quash the same and consequently direct the respondents to produce the said M.Nataraj, confined in Central Prison, Chennai, before this Court and set him at liberty.) P. Sathasivam, J. Mother of the detenu by name Nataraj, who is detained as ‘Goonda’ as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 20.07.2005, challenges the same in this Petition. 2. Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents. 3. Learned counsel appearing for the petitioner has stated that in view of lot of discrepancies in the mahazar and other documents, the impugned order passed by the Detaining Authority cannot be sustained. 4. It is our duty to point out that, first of all, there is no specific complaint or reference by the counsel regarding violation of any of the procedure to be followed by the Detaining Authority. Though the counsel has argued that cases have been foisted against the detenu, we are of the view that those things have to be considered by the concerned court, where the cases are pending. As pointed out by the learned Government Advocate, amongst the adverse cases, period of remand was set off in the first adverse cases, and in respect of other adverse cases, some are pending trial and others pending investigation by the Officer concerned. In such circumstances, we are of the view that the general grievance expressed by the petitioner cannot be gone into by this Court. 5. Consequently, the Habeas Corpus Petition fails and the same is dismissed.