IMPORTANT POINT
Once the Government affirms the detention order, the Detaining Authority becomes functus officio.

JUDGMENT

P.Sathasivam,J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 09.12.2011 passed by the High Court of Judicature at Madras in Habeas Corpus Petition No. 937 of 2011 whereby the High Court dismissed the petition filed by the appellant herein.

3) Brief facts:

a) The appellant is the father of the Detenu. The Detenu has a dispute regarding their land with one Kaliyamoorty for which a Civil Suit being O.S. No. 452 of 2008 is pending before the Subordinate Judge at Trichy. The said Kaliyamoorty filed a complaint with police on 18.07.2011 complaining that the detenu armed with aruval (sickle) along with his associates apart from threatening the de facto complainant Kaliyamoorty caused damage to the STD booth by damaging the glasses and chairs. Accordingly, an FIR being Crime No. 361 of 2011 was registered by the K.K. Nagar Police Station, Trichy. The complainant - Kaliyamoorthy had already lodged a complaint before the City Crime Branch, Trichy, on 07.02.2010, which was registered by the Police as Case Crime No. 3 of 2010 which is still pending.

b) On 21.07.2011, respondent No.2 - Commissioner of Police passed a detention order against the detenu under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (14 of 1982) while holding the detenu to be a ‘goonda’ noticing his involvement in the case of 18.07.2011 as well as three past cases of the years 2008 and 2010.

c) Against the said order of detention, the appellant sent a representation to the Detaining Authority on 25.07.2011 for revoking the detention order. He also made a representation to the State Government, which is the approving authority, against the said order. After receiving the representation of the appellant on 28.07.2011, the Detaining Authority forwarded the same to the Government recommending rejection of the same. On 12.08.2011, the State Government after due consideration rejected the said representation.

d) Aggrieved by the said decision of the State Government, the appellant herein filed Habeas Corpus Petition before the High Court. The High Court, by its impugned judgment dated 09.12.2011, dismissed the said petition.

e) Challenging the said judgment of the High Court, the appellant has filed this appeal by way of special leave before this Court.

4) Heard Mr. A. Sharan, learned senior counsel for the appellant and Mr. Guru Krishnakumar, learned Additional Advocate General for the respondents.

5) Mr. A. Sharan, learned senior counsel for the appellant after taking us through the detention order and the impugned order of the High Court confirming the same submitted that from the materials placed, the Detaining Authority has not made out a case for preventive detention. He also submitted that even if the stand of the Detaining Authority is acceptable, the alleged action of the detenu, at the most, is only a law and order problem and not of public order as arrived at by the said Authority for invoking the T.N. Act 14 of 1982. He further submitted that the reference made by the Detaining Authority in all the three places in the grounds of detention that the accused obtained regular bail and not anticipatory bail shows non-application of mind by the Authority. He also submitted that failure on the part of the Detaining Authority to consider the representation of the detenu vitiates the entire order. Finally, he submitted that the cases relied on by the Detaining Authority are stale and there is no ground for invoking the provisions of T.N. Act 14 of 1982.

6) On the other hand, Mr. Guru Krishnakumar, learned Additional Advocate General for the State of Tamil Nadu, by taking us through the grounds of detention, reasoning of the High Court in confirming the same and the materials placed in the form of counter affidavit before this Court submitted that none of the argume