New Delhi: Habitual offenders like goondas and other anti-social elements can be detained under a preventive detention law on the subjective satisfaction of the authority that such persons can be a menace to "public order", the Supreme Court has ruled.

A bench of justices P Sathasivam and J Chelameshwar passed the ruling while dismissing the appeal filed by Subramaniam, father of a man who was detained under the Goonda Act by the Tamil Nadu government. "It is also seen from the grounds of detention that because of the threat by the detenue and his associates by showing weapons, the nearby shopkeepers closed their shops out of fear and auto drivers took their autos from their stand and left the place.
"According to the Detaining Authority, the above scene created a panic among the public. In such circumstances, the scene created by the detenu and his associates cannot be termed as only law and order problem but it is public order as assessed by the Detaining Authority who is supposed to safeguard and protect the interest of public," Justice Sathasivam writing the judgement said.
In this case Kaliyamoorty filed a complaint with police on July 18, 2011 complaining that the detenue said to be habitual offender armed with aruval (sickle) along with his associates apart from threatening the victim over a property row damaged an STD booth and created panic in the area.

On July 21, the City Police Commissioner 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).
PTI