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2013 (7) TMI 551 - SC - Indian LawsDamages for detention - whether the appellant was entitled for any damage for having detained for around two months u/s 3(2) of the Tamil Nadu Act - Held that:- respondents have failed to bring on record the evidence to show that the appellant was engaged or was making preparations for engaging in any of his activities as a 'Goonda' which may affect or are likely to affect adversely the maintenance of public order - there was nothing on record to suggest that the appellant by himself or as a member of or leader of a gang habitually committed or attempted to commit or abetted the commission of offence - there was no sufficient cause for detention of the appellant- there was nothing on the record to suggest that the appellant while in service took part in pro-police association activities or formed any association - there was nothing on the record to suggest that he formed another association after retirement - the respondents had failed to bring on record any evidence to suggest that the appellant incited the police personnel of Tamil Nadu to form an association to fight their rights against the Government - the respondents had also failed to bring on record that the appellant toured to various Districts and incited serving police personnel over forming an association in a manner prejudicial to the maintenance of the public order. Personal liberty - Personal liberty is of the widest amplitude covering variety of rights - Its deprivation shall be only as per procedure prescribed in the Code and the Evidence Act conformable to the mandate of the Supreme Law, the Constitution - the investigator must be alive to the mandate of Constitution and is not empowered to trample upon the personal liberty of a person when he had acted by malafides – as decided in State of Bihar and another vs. P.P. Sharma, IAS(1991 (4) TMI 365 - SUPREME COURT). Intention to form Association - whether the intention of the appellant was to form Association of Police force amounts to causing disaffection towards the Government established by law to attract Section 3 of Police (Incitement to Disaffection) Act, 1922 – Held that:- Respondent grossly abused legal power to punish the appellant to destroy his reputation in a manner non-oriented by law by detaining him under the Tamil Nadu Act 14 of 1982 in lodging a Criminal Case No.11/98 under Section 3 of the Police (Incitement to Disaffection) Act, 1992 and under Section 505(1)(b) of the IPC based on the wrong statements which were fully unwarranted - Nothing had been brought to the notice of the Court to prove that the appellant with intent to cause fear or alarm to the public or to any section of the public or to induce to commit an offence against the S/G or against the public tranquility issued the press statement - for attracting the penalty under Section 3 for causing disaffection - it needs to be proved that the person concerned intentionally caused or attempted to cause or done any act which is likely to be disaffection towards the Government established by law in this country among the members of the Police force or induces or attempts to induce or does any act which he knows likely to induce any member of the Police force to withhold his service or committed breach of discipline.
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