The Sub Inspector of Police arrested Thiru Thamaraikani and his four associates at about 1300 hrs.
230, Prohibition and Excise Department, dated 23.3.1985 and subsequently amended in G.O. Ms. No.
A case was registered in Cr.
They raised an alarm and ran outside the auditori um and the crowd outside also got scared and ran helter skelter, causing obstruction to traffic along Aruppukottai Road.
On seeing this about 10 other henchmen of Thiru R. Thamaraikani who were waiting outside the auditorium escaped, leaving behined an Ambassador Car IDR 667 and a van TCM 7797.
he will indulge in further activities prejudicial to the mainte nance of public order and further recourse to numbermal law would number have the desired effect of effectively preventing him from indulging in activities prejudicial to the mainte nance of public order and therefore I companysider that it is necessary to detain him in custody with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
The petitioner has stated that there has been personal and political animosity between the detenu and Thiru Durai Murugan, Minister for Public Works and Highways in the present DMK Government.
Muthu ramulingam, Minister of Labour and District Magistrate, Kamarajan and other important personalities.
He threw a knife towards the Minister respondent No.
paragraph 4 of the detention order further states that the detenu by companymitting the aforesaid grave offence in public, in broad day light created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area and thereby he acted in a manner prejudicial to the maintenance of the public order.
These are as under The ground on which the said detention order has been made as follows On 29.7.1989, the Kamarajar District Irrigation Seminar was held at Dry Chilly Merchants Association Kalai Arangam at Arupoukottai Road, Viruthunagar Town.
S d Collector and District Magistrate, Kamarajan, District Virudhunagar.
The said two vehicles along with the lethal weapons, hand bag companytaining bottle with petrol.
Pursuant to the aforesaid order of the Dis trict Magistrate the detenu was kept in detention.
180/89 u ss 147, 148, 307 read with 149 I.P.C. and 27 Indian Arms Act at the Virudhunagar East Police Station.
Muthumalaingam attended the Seminar which was presided over by the District Collector.
The former seized the bottle and the match box.
K.Garg, K. Subramaniam, E.C. Agarwala, Ms. Purnima Bhatt, Mr. V.K. Pandita, A.V. Pillai and Atul Sharma for the petitioner.
The detenu R. Thamaraikani is a member of the All India Anna Dravida Munnetra Kazhagam Party, briefly described as AIDMK.
Alagiriswamy, Adv.
The District Magistrate issued the impugned order for the detention of her husband at the behest of Thiru Durai Murugan, the afore said Minister, respondent No.
By companymitting the above described grave offence in public, in broad day light, Thiru R. Thamaraikani has 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.
Thereafter the District Magistrate and Collector Kamarajan, respondent No.
On 29.7.1989 a Seminar on Irrigation was held at Virudhunagar at the Dry Chilly Merchants Association Kalai Arangam, Aruppukkotai Road, which was attended by Thiru Durai Murugan and by Pon.
Then the Sub Inspector of Police, handed over the accused persons and the properties seized under a special report at Virudhunagar East Police station.
The violent activities of the detenu and his men caused panick in the hall, the audience raised alarm and ran outside the auditorium and outside the hail also people got scared, they ran helter skelter, causing obstruction to traffic.
The ground of detention supplied to the detenu stated that the detenu was a habitual criminal, a goonda and his activi ty had companye to adverse numberice in some cases reference to which was made by referring to some FIRs lodged against the detenu at the Police Station.
But the incidents referred in those FIRs have number been made ground for detention instead facts stated in paragraphs 3, 4, 5 and 6 of the grounds companystitute material on which the District Magistrate formed the requisite opinion under Section 3 1 of the Act in making the order of detention.
It is fur ther stated that the detenu and those who accompanied him attempted to attack the Minister with knives in their hands but they were overpowered by the Police and the members of police.
The detenu was taken into Custody and he was enlarged on bail by the Sessions Judge on 3.8.1989.
and brought them out with the help of the Deputy Superin tendent of Police, Virudhunagar and other Police Officials who were then on duty there.
The case properties were deposited in the Court.
These allegations have been denied by the respondents.
3, with an intention to kill him but he missed the target, later on, he was over powered by the Police.
In Suna Ullah Butt v. State of Jammu Kashmir, 1973 1 SCR 870 validity of detention order made under Jammu and Kashmir Preventive Detention Act 1964 was under challenge on the ground that the State Government while companyfirming the detention order under Section 12 of the Act had failed to specify the period of detention.
were seized under an attachi at 1330 hrs.
468 of 1989.
A number of political and social workers and agriculturists attended the Seminar.
1000 match box, papers etc.,
H.C. 829 Thiru Subbiahm P.C. 231 Thiru Subbiah and P.C. 469 Thiru Manraj duly assisted by some agriculturists surrounded and overpowered them and seized their knives.
The Judgment of the Court was delivered by SINGH, J. This petition under Article 32 of the Consti tution of India, by Mrs. P. Devaki wife of the detenu R. Thamaraikani, challenges the validity of her husbands detention under the order of the Collector and District Magistrate of Kamarajar District Virudhunagar, Tamii Nadu dated 15.8.
General of Tamil Nadu, N. Natara jan, G. Krishnamurthy, V. Krishnamurthy and K. Rajendra Choudhury for the Respondents.
He companytinues to be Joint Secretary of the AIDMK Party for Kamrajar District in Tamil Nadu and he has been taking active part in social and political activities in the Dis trict of Kamrajar.
1, Thiru Thamaraikani was remanded to judicial custody in Central Prison, Madurai on 30.7.89 and released on bail with companydi tion to stay at Madurai on 3.8.89.
The facts leading to the making of the impugned deten tion order are necessary to be numbered.
He has been an active social and political worker.
CRIMINAL ORIGINAL JURISDICTION Writ Petition Criminal No.
At about 12.30 p.m. while the proceedings of the Seminar were on, suddenly there was a companymotion in front of the dias.
seized the bottle and the matchbox.
This petition was heard by a Division Bench companysisting of two learned Judges of this Court.
According to the respondents the detenu was number invited, even then he entered the hall where seminar was being held alongwith a number of persons and created disorderly scene in the hall which disturbed the Seminar.
In the General Elections held in January 1989 to the Tamil Nadu Legislative Assembly, he was defeated by the Dravida Munnetra Kazhagam Party candi date.
1989 and issued directions for the release of the detenu forth with.
The proceedings of the Seminar came to an abrupt halt for a while.
A three Judges Bench of this Court rejected the detention and upheld the validity of the deten tion order.
815, Home Prohibition and Excise Department dated 13.7.1989 under sub section 2 of Section 3 of the said Act, I hereby direct that the said Thiru R. Thamaraikani son of Ramasamy Nader be detained and kept in Central Prison, Madurai.
At the instiga tion of Thiru R. Thamaraikani, his henchmen viz.
According to the petitioner the detenu was invited to attend the Seminar although it is denied by the respond ents but there is numberdispute that the detenu was present in the hall where the Seminar was held.
He was elected Member of the Tamil Nadu Legislative Assembly from Srivilliputhur Constituency in the General Elections held in 1977, 1980 and 1984.
His unlawful, disorderly and dangerous activities on 29.7.89 are prejudicial to the maintenance of public order and have affected the even tempo of life of the companymunity.
We are number giving the reasons for our Order dated 10.11.
His unlawful, disorderly and dangerous activities on 27.7.89 were prejudicial to the maintenance of public order which affected the even tempo of life of the companymunity.
I am aware that Thiru R. Thamaraikani is number on bail with companydition to stay at Madurai since 3.8.89.
A Constitution Bench of this Court in Ujagar Singh v. The State of Punjab, 1952 3 SCR 756 while companysidering validity of detention order made under Section 3 of the Preventive Detention Act 1950 held that number specification of any definite period in a detention order made under Section 3 of the Act was number a material omission rendering the order invalid.
2, issued the impugned detention order after 17 days of the aforesaid incident under Section 3 1 of the Act, as he was satisfied that it was necessary to detain the detenu under the Act with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.
1989 issued under Section 3 1 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drugof fenders, Forest offenders, Immoral Traffic Offenders and Slum Grabbers Act, 1982 Tamii Nadu Act 14 of 1982 as amended by Act 52 of 1986 and Act 1 of 1988 hereinafter referred to as the Act .
After heating arguments of the learned companynsel for the parties at length, we allowed the petition on 10.11.
Honble Minister for P.W.D. Thiru Durai Murugan and HonbIe Minister for Labour Thiru Pon.
The offence u s 307 IPC is punishable under Chapter XVI of the IPC.
The Inspector of Police, Law and order, Virudhunagar Rural Circle took up the investigation.
The petitioner has asserted that the detenu wanted opportunity to address the gathering for placing the grievances of the local people before the gathering but he was number permitted to do so.
The Seminar also came to an abrupt bald for a while.
Seeing the violent activities of Thiru Thamaraikani and his men, the gathering in the hall panicked.
The proceedings of the Seminar also came to an abrupt halt for a while.
On the aforesaid facts, the District Magistrate was satisfied that if the detenu was left to remain at large he would indulge in further activities prejudicial to maintenance of public order and recourse to numbermal law would number have the desired effect of preventing him from indulging in activities prejudicial to the mainte nance of public order.
14 of 1982.
I am satisfied that on the materials mentioned above, if Thiru R. Thamaraikani is left to remain at large.
The case is still under investiga tion.
1 sword, 4 koduvals and also 4 torch sticks, the cloths of which were doused in kerosene.
On searching the car, the Sub Inspector of Police found legal weapons viz.
He insisted for placing the grievances of his Party before the audience whereupon he was forcibly removed away by the Police and later a false criminal case was registered against him under Sections 147, 148, 307 read with Section 149 of the Indian Penal Code and Section 27 of the Indian Arms Act at the Virudhunagar East Police Station.
The petitioner has referred to a number of incidents and to the proceedings of the Tamil Nadu Legislative Assembly in support of her submission that there was political and personal animosity between the aforesaid Minister and her husband and the order of deten tion was made mala fide at the instance of the Minister, respondent No.
1 am satis fied that his unlawful activities warrant his detention under the Tamil Nadu Act No.
