Holding

The detention was illegal as there was no sufficient cause; the respondents acted mala fide, abusing legal power, and the appellant is entitled to compensation of Rs. 2 lakh.

Summary

Retired police inspector N. Sengodan issued a press statement urging the formation of a police association. The State of Tamil Nadu declared him a "goonda" and detained him under Section 3(2) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, also filing criminal charges under the Police (Incitement to Disaffection) Act, 1922 and IPC 505(1)(b). The Advisory Board found no sufficient cause and the order of detention was revoked, but Sengodan sued for damages for the two‑month illegal confinement. The Supreme Court held that the respondents failed to produce any evidence that Sengodan engaged in goonda activity or incitement, that the detention was not justified under the statutory definitions, and that the authorities acted mala fide, abusing their power. Consequently, the appeal was allowed and the State was ordered to pay Rs. 2 lakh as costs to the appellant.

Issues considered

Whether the appellant is entitled to damages for detention under Section 3(2) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982.
Whether the press statement amounted to incitement under the Police (Incitement to Disaffection) Act, 1922 and IPC 505(1)(b).
Whether the respondents acted with mala fide intent in detaining the appellant.
Whether the definition of "goonda" under the 1982 Act applies to the appellant’s conduct.
Whether the detention complied with constitutional due‑process requirements under Articles 21 and 22 of the Constitution.

Legislation cited

Constitution of Indias. Article 21, s. Article 22
Indian Penal Code, 1860s. 505(1)(b)
Police‑Forces (Restriction of Rights) Act, 1966s. 3
Police (Incitement to Disaffection) Act, 1922s. 3
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug‑Offenders, Forest‑Offenders, Goondas, Immoral Traffic Offenders and Slum‑grabbers Act, 1982s. 10, s. 12, s. 2(a), s. 2(f), s. 3

Subjects

preventive detentiongoondapolice incitementmala fidepersonal libertydamagesabuse of powerconstitutional rights

Judgment

[2013] 13 S.C.R. 341

N. SENGODAN A
v.
SECRETARY TO GOVERNMENT, HOME (PROHIBITION &
EXCISE) DEPARTMENT, CHENNAI AND OTHERS
(Civil Appeal No. 4815 of 2013)
B
JULY 1, 2013
[G.S. SINGHVI AND SUDHANSU JYOTI
-Ji. MUKHOPADHAYA, JJ.]

..
-. Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drug-Offenders, Forest Offenders, Goondas,
c
Immoral Traffic Offenders and Slum-grabbers Act, 1982 -
s.3(2) - Detention of appellant under the 1982 Act- Advisory
"' Board constituted u/s.10 of the 1982 Act held that there was
no sufficient cause for detention of appellant - State D
y Government subsequently revoked the order of detention -
Appellant, if entitled to damages for being in detention for
more than two months - Held: Respondents failed to bring
on record evidence to show that appellant was engaged, or
was making preparations for engaging, in any of his activities
E
as a 'Goonda' which may affect or are likely to affect adversely
the maintenance of public order - Nothing on record to
suggest that appellant, either by himself or as a member of
,.A or leader of a gang habitually committed, or attempted to
commit or abetted the commission of offence punishable
F
under Chapter XVI or Chapter XVII or Chapter XX.II of /PC -
Appellant had to remain in custody for more than two months
on the basis of opinion given by the respondents based on
facts which were not in existence - Respondent-State and its
~,_,A officers grossly abused legal power to punish appellant to
destroy his reputation in a manner non-oriented by Jaw by G
detaining him under the 1982 Act in /odgi(/g a criminal case
u/s.3 of the 1992 Act and u/s.505(1)(b) !PC .based on wrong
statements which were fully unwarranted - Consequently, cost

341 H
342 SUPREME COURT REPORTS (2013] 13 S.C.R.

A of Rs. 2 lacs imposed on the State of Tamil Nadu for payment
in favour of appellant - Police (Incitement to Disaffection) Act,
1922 - s. 3 - Penal Code, 1860 - s. 505 - Preventive
Detention.
Constitution of India, 1950 - Arts. 21 and 22 - Personal
B liberty - Deprivation of - Held: To be only as per procedure
prescribed in CrPC and the Evidence Act conformable to the
mandate of the Constitution - The investigator is not
empowered to trample upon the personal liberty of a person .k--
when he has acted by malafides.
c Through a press statement published in a Tamil
Newspaper "Malai Murasu", the appellant, a retired police
officer, had made requisition on behalf of the officials
working in the Tamil Nadu Police Department to the
Hon'ble Chief Minister of Tamil Nadu.
D
It was alleged that the appellant was inciting the
police personnel in Tamil Nadu to form an association to
fight for their rights against the Government and that he
toured several districts in the State and incited the
E serving police personnel over forming of an association,
and acted in a manner prejudicial to the maintenance of
public order. Charges under Section 3 of the Police
(Incitement to Disaffection) Act, 1922 and Section
505(1)(b) IPC were levelled against the appellant.
F The appellant was declared as "Goonda" and
detained under Section 3(2) of the Tamil Nadu Prevention
of Dangerous Activities of Bootleggers, Drug-Offenders,
Forest Offenders, Goondas, Immoral Traffic Offenders
and Slum-grabbers Act, 1982. However, the Advisory
G Board constituted under Section 10 of the 1982 Act held
that there was no sufficient cause for detention of the
appellant and thereafter the State Government revoked
the order of detention.
"
The question which arose for consideration in the
H instant appeal was whether in the facts and
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 343
CHENNAI
r
circumstances of the case the appellant was entitled for A
any damage for having detained for around two months
under Section 3(2) of the 1982 Act.
Allowing the appeal, the Court
HELD:1. The Police-Forces (Restriction of Rights) 8
Act, 1966 provides for the .restriction of certain rights

..
conferred by Part Ill of the Constitution in their application
-.X to the members of the Forces charged with the
maintenance of public order as to ensure the proper
discharge of their duties and the maintenance of c
discipline among them. Section 3 of the 1966 Act restricts
right to form association, freedom of speech, etc. but
... y
there is no specific ban to form association. [Paras 27
and 29] [375-H; 376-A-B; 377-D]
D
2. From the press statement dated 8th December,
1997 it is apparent that no incitement has been made by
the appellant against the State Government nor the Police
force has been instigated. The appellant cited past
incident of 30th November, 1997 in which one Selvaraj a
E
Police constable was attacked and killed which could not
be brought t() the notice of the Government by Police
~A constables for taking proper action and their wives were
forced to fight for their rights by coming to the street in
bringing this to the notice of the Government. A reminder
was given to the Chief Minister to allow to form F
Association or Union for the purpose of seeking proper
protection to the Police constables and to overcome their
difficulties and to explain their true state of affairs as
~ apparent from the press note dated 8th December, 1997.
'" [Para 30] [377-G-H; 378-A-B] G

3. Section 505 IPC relates to the statements
conducing public mischief. In the present case nothing
has been brought to the notice of this Court to prove that
the appellant with intent to cause, fear or alarm to the H
344 SUPREME COURT REPORTS [2013] 13 S.C.R.
'"'(

A public, or to any section of the public or to induce to
commit an offence against the State Government or
against the public tranquility, issued the press statement.
Therefore, it is not clear on what basis the charge under
Section 3 of the Police (Incitement to Disaffection) Act,
B 1922 and Section 505(1)(b} IPC was levelled against the
)
appellant. From the final. report filed in the Fairlands
Police Station Crime No.11/98, it is also found that in A-

c
absence of ingredients to hook-up the appellant under
the aforesaid sections of law it was advised to drop the
criminal case and the same was accordingly dropped.
[Paras 31, 32 and 33] [378-G; 379-C-F]
..
....-

4. The appellant was declared as 'Goonda' under
detenti~n order dated 9th January, 1998 and was
detained under the Tamil Nadu Act 14 of 1982. 'Goonda'
...
D is defined under Section 2(f) of the Tamil Nadu Act 14 of
'f
1982. Section 2(a) of the Tamil Nadu Act 14of1982 defines
"acting in any manner prejudicial to the maintenance of
public order". In the present case the respondents have
failed to bring on record the evidence to show that the
E appellant was engaged,· or was making preparations fot
engaging, in any of his activities as a 'Goonda' which may
affect or are likely to affect adversely the maintenance of A,.
public order. There is nothing on record to suggest that
the appellant, who either by himself or as a member of
F or leader of a gang habitually committed, or attempted to
commit or abetted the commission of offence punishable
under Chapter XVI or Chapter XVII or Chapter XXll of the
Indian Penal Code. In fact, in absence of any such
.,A--. •
ingredients, the Advisory Board constituted under ~

G Section 10 of the Tamil Nadu Act 14 of 1982 rightly held
that there was no sufficient cause for detention of the
appellant. For the same very reason the State Government
revoked the order of detention dated 9th January, 1998
made by the Commissioner of Police, Salem City by G.O.
Rt.No.66 dated 3rd March, 1998 issued from Prohibition
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT.,, 345
CHENNAI
and Excise (XIV) Department. [Paras 34, 35 and 36) [379- A
-~
r G; 380-8, D-G]
5. There is nothing on the record to suggest that the
appellant while in service took part in pro-police
association activities or formed any association such as 8
South Arcot District Police Association. There is nothing
on the record to suggest that he formed another
association after retirement, namely, Tamil Nadu Police
Officials Union. The respondents have failed to bring on
-) record any evidence to suggest that the appellant incited
the police personnel of Tamil Nadu to form an association
c
to fight their rights against the Government. The
respondents have also failed to bring on record that the
appellant toured to the Districts of Coimbatore,
Tiruchirapalli, Pudukottai and Chennai City and incited
serving police personnel over forming an association in D
~ a manner prejudicial to the maintenance of the public
order. The respondents have filed certain statements of
some police officers but they cannot be relied upon. They
are not the statements made by any person under
Section 161 of the Cr.P.C. or before any Court of law. E
Neither any date is shown therein nor it is stated that they
ate true copies of the original documents. [Paras 39, 40)
[382-F-H; 383-A·B]

6. In the present case, though there is no sufficient F
cause for the detention of the appellant. The statements
made in the. counter-affidavit filed by the 1st respondent,
2nd respondent, the then Inspector General and
Commissioner of Police, Salem City and the 3rd
___... respondent, the then Inspector of Police, Fairlands Police
G
Station, Salem City, are not based on the record and the
justification given for detention clearly shows that the
said respondents, with an intention detained the
appellant on 6th January, 1998 based on facts which
were not in existence. The appellant had to remain in
custody for more than two months on the basis of H
346 SUPREME COURT REPORTS [2013) 13 S.C.R.

A opinion given by the respondents based on facts which
were not in existence. [Para 41] [383-C, F-G]
7. Noticeably, the respondents have not even
repented in taking wrong action, they have nowhere
B mentioned that the appellant was wrongly apprehended
and taken in custody. From the plain reading of the press
note published in the Tamil Newspaper "Malai Murasu"
it merely shows that the appellant had made a requisition
on behalf of the officials working in the Tamil Nadu Police
Department to the Hon'ble Chief Minister of Tamil Nadu,
C Dr. Kalaignar stating that the police is forced to seek
protection for themselves as they have no solution as to
how to stress their demands to the government. The
press statement does not make out a case either under
Section 3 of the Police (Incitement to Disaffection) Act,
D 1992 or under Section 505(1)(b) of the IPC. On the other
hand, the press release shows that the appellant acted
in accordance with the 1966 Act under which permission
is required to form an Association. [Paras 42, 43 and 44]
[383-H; 384-A-C, E-F]
E
8. In this case the appellant has not only made
assertion but demonstrated by placing either by admitted
or proved facts and circumstances obtainable that even
though the case was not made out but he was harassed.
F Personal lib~rty 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
G mandate of Constitution and is not empowered to
trample upon the personal liberty of a person when he >---
has acted by malafides. [Paras 46, 47) (385-G-H; 386-A]

State of Bihar and another vs. P.P. Sharma, /AS and
another 1992 Supp.(1) sec 222: 1991 (2) SCR 1 - relied
H on.
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 347
CHENNAI

9. The respondents before the Advisory Board or A
before the trial court failed to bring on record any
evidence to frame the charges against the appellant
under Section 3 of the Police (Incitement to Disaffection)
Act, 1992 and under Section 505(1)(b) of the IPC or under
the Tamil Nadu Act 14 of 1982. The action on the part of B
the 1st, 2nd, 3rd and 4th respondent in support of their act
of detaining the appellant illegally by placing some
material beyond the record justifies the appellant's
allegation that the respondents abused their power and
position to support their unfair order. The respondent- c
State and its officers have 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 under
Section 3 of the Police (Incitement to Disaffection) Act, 0
1992 and under Section 505(1)(b) of the IPC based on the
wrong statements which were fully unwarranted. The
action taken by the respondents based on reasons of fact
which do not exist, therefore, the same is held to be
infected with an abuse of power. In view of the finding E
. aforesaid, cost of Rs.2 lacs is imposed on the State of
Tamil Nadu for payment in favour of the appellant. [Paras
48, 49, 50 and 51] [386-B-C, F-H; 387-A, C-D]

,.A, Bhut Nath Mete vs. State of WB. (1974) 1 SCC 645:
1974 (3) SCR 315 - relied on. F
Case Law Reference:
1991 (2) SCR 1 relied on Paras 45, 47
(
1974 (3) SCR 315 relied on Para 50 G
' ---'
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
4815 of 2013.

From the Judgment & Order dated 16.08.2010 of the High
Court of Judicature at Madras in Writ Appeal No. 1426 of 2010. H
348 SUPREME COURT REPORTS [2013) 13 S.C.R.

A V.J. Francis, A. Radhakrishnan for the Appellant.

S. Guru Krishna Kumar, AAG, B. Balaji, A. Prasanna
-
Venkat, K.V. Vijayakumar, Subramonium Prasad for the
Respondents.
B The Judgment of the Court was delivered by

SUDHANSU JYOTI MUKHOPADHAYA, J. 1. Leave
granted.

C 2. In this appeal the judgment dated 16th August, 2010
passed by the Division Bench of the Madras High Court in W.A.
No.1426 of 2010 is under challenge. By the impugned judgment
the Division Bench u-pheld the judgment dated 27th April, 2010
passed by the learned Single Judge in W.P. No.1243 of 2003
D and dismissed the appeal, affirming the finding recorded by the
learned Single Judge. The learned Single Judge by his
judgment dismissed the writ petition preferred by the appellant
claiming the. damages and praying for issuance of a writ of
mandamus directing the respondents to pay him jointly and
severally a sum of Rs.10,00,000/- for his alleged illegal
E detention and confinement.

3. The relevant facts of the case are as follows:

The appellant is an Ex-service man who served in the
F Indian Army for a period of seven years; later he joined in the
Tamil Nadu Subordinate Police Services and retired from the
service on 21st October, 1997 as Inspector of Police at Attur
Police Station, Salem District. The 2nd respondent by name
V. Jegannathan, is a former Inspector General and
G Commissioner of Police, Salem City and the 3rd respondent,
Ramasamy, is former Inspector of Police, Fairlands Police
...
Station, Salem City. The 4th respondent, E.Gopi, is former
Inspector of Police, Sooramangalam Police Station, Salem City
on whose complaint a case in Crime No.11/98 was registered
against the appellant under Section 3 of the Police (Incitement
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI. 1 349
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
to Disaffection) Act, 1922 and Section 505(1 )(b) of the Indian A
r Penal Code.

4. According to the appellant, he had served both the Indian
Army and State Police Service with devotion and had the
privilege to win the appreciation of his superior officers in both
B
the capacities. He is a family man and his wife is working as
Senior Lecturer in the Government Arts College, Salem. His
sons having completed their seven year course in Medicine in
Russia are doing their internship in the Government Kilpauk
_).;._
Medical College, Chennai. They are all living together as a
happy close knit family sharing their joys and sorrows with one c
another. Besides, the appellant has wide relations as well as
friends who are all having high esteem on him and his family.
The version of the appellant is that after his retirement, he had
the opportunity to realize the difficulties encountered by each
and every member of the police force in Tamil Nadu and had D
y voiced the merits of forming an Association through which
" demands of members of the police force could be legally made
to set right the wrongs committed to them. Further, according
to the appellant, he neither indulge in any act/acts leading to any
resentment in the mind of any personnel in the police service E
nor was propagating anything seditious.

While so, Tamil Daily Malai Murasu dated 18th December,
1997, published a news item allegedly authored by the
appellant. Based on the said news item, on 6th January, 1998, F
the 3rd respondent, Ramasamy, the then Inspector of Police,
Fairlands Police Station, Salem City had registered a case in
Crime No.11 /98 for offence under Section 3 of the Police
(Incitement to Disaffection) Act, 1922 and Section 505(1)(b) of
the Indian Penal Code. Further, on 7th January, 1998 the
G
--~ appellant was arrested by the 3rd respondent and remanded
to judicial custody. He was remanded in judicial custody by the
Judicial Magistrate No.V, Salem in connection with the above
said case and lodged in Central Prison, Salem for a period of
two month. It is also alleged that while the appellant was confined
H
350 SUPREME COURT REPORTS [2013] 13 S.C.R.

A in Central Prison, Salem the Superintendent, Central Prison,
Salem served on him a detention order in C.M.P.f\lo.04/
Goonda/Salem City/98, dated 9th January, 1998 passed by
2nd respondent the then Inspector General and Commissioner
of Police, Salem City. By the said order, the Commissioner of
B Police, Salem City detained the appellant under "The
Prevention of Dangerous Activities of Bootleggers, Drug-
Offende;s, Forest Offenders, Goondas, Immoral Traffic
Offenders and Slum-grabbers Act, 1982(hereinafter referred to
as the 'Tamil Nadu Act 14 of 1982')". The said order appears
c to be passed by the 2nd respondent based on the proposal
submitted by 3rd respondent.

5. On 9th February, 1998, the appellant made a written
representation to the Secretary to Government of Tamil Nadu
and sent it through the Superintendent, Central Prison, Salem.
D He raised several pleas in the representation. The Advisory
Board established under the provisions of the Tamil Nadu Act
14 of 1982, exercising its powers under the provisions of sub-
section (2) of Section 12 of the said Act and addressing itself
to all the f~cts and the connected records, having found nothing
E recommended for the revocation of detention order of the
appellant. The Governor of Tamil Nadu, in view of the
recommendation, revoked the order of detention and directed
that the appellant be released forthwith by the Government Order
Rt.No.636, Prohibition and Excise(XIV) Department, dated 3rd
F March, 1998.

6. According to the appellant, the above detention order
was clamped by the respondents against him with a malafide
intention of detaining the appellant under the Tamil Nadu Act
14 of 1982 with a view to punish him. The 3rd respondent,
G Ramasamy, the then Inspector of Police, Fairlands Police
Station had registered the said complaint given by 4th
respondent Gopi in his Police Station Crime No.11/98 and the
appellant was arre~ted. in connection with the said crime and
subsequently detained under the Tamil Nadu Act 14 of 1982
H for a period of two months till he was released by the order of
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT., 351
CHENNAI [SUOHANSU JYOTI MUKHOPADHAYA, J.]
the Advisory Board revoking the order of detention dated 3rd A
'T March, 1998. It is alleged that after the release from prison,
there was no action from the part of the 3rd respondent for l:i
long time and no charge sheet was filed against the appellant
in the Police Station Crime No.11 /98. Ultimately, a final report
was filed which was received by the Judicial Magistrate No.V, B
Salem Court in the month of June, 2001 and the same has been
accepted by the learned Magistrate and numbered as
R.C.S.N0.19/2001 and the same was recorded. The appellant
received the copy of the same on 29th June, 2001.
->- c
7. Further, the case of the appellant is that since he was
subjected to harassment particularly by the 2nd respondent, V.
Jegannathan, the then Inspector General and Commissioner of
Police, Salem City; the 3rd respondent, the then Inspector of
Police, Fairlands Police Station by undergoing imprisonment
as a remand prisoner and as a detenu in Central Prison, Salem D
on the basis of a false case registered against him with the
~ y object of destroying his reputation and image. The appellant
was very much affected both in body and mind. The appellant
was also subjected to mental cruelty and was also physically
affected as a result of the confinement in Central Prison, Salem. E
The family members of. the appellant have also suffered
physically and mentally due to malafide acts of the 2nd and 4th
respondents. The 1st respondent has been arrayed as one of.
the respondents in view of the prayer for damages sought for
in the writ petition. F

8. The appellant served lawyer's notice dated 27th June,
2002 to all the respondents claiming damages in terms of
money for a sum of Rs.10,00,000/-. The 2nd respondent, V.
Jegannathan, the then Inspector General of Police forwarded
G
a reply dated 1st July, 2002 to the lawyer's notice claiming
~
"-' immunity to his actions. The 4th respondent, Gopi also
forwarded a reply by letter dated 24th July, 2002 claiming
innocent and denying the allegation that he had any malafide
intention to foist a case against him. No reply has been filed
H
by both the 1st and 3rd respondents.
352 SUPREME COURT REPORTS [2013] 13 S.C.R.

A 9. The 2nd respondent, V. Jegannathan filed a counter-
affidavit in the writ petition and took a plea that the appellant
falsely claimed to be the convener of Tamil Nadu Police
Employees Association and that in that capacity he had been
visiting several Districts and insisting the members of the
B disciplined police force to join the said Association so as to
raise their voice against the Government. It was also stated that
the appellant submitted a representation dated 9th February,
1998 in which he tendered apology for his conduct and gave
assurance that he will not indulge in any activity in future and
c on that basis prayed for revocation of detention order. The 2nd
respondent forwarded the same to the Chief Office, Chennai
with his report. The 3rd respondent was present before the
Advisory Board when the matter came up for review and he
presented a copy of the representation of the appellant. Only
D on the basis of the undertaking of the appellant that he will not
indulge in any such activity in future, the Advisory Board ordered
the release of the appellant. It was alleged that the appellant
had willfully suppressed the material fact that he tendered an
apology and gave. in writing an undertaking that he will not
E indulge in any such activity in future.

10. Further, according to the 2nd respondent, the order of
detention issued by him was confirmed by the Government of
Tamil Nadu in G.O.Rt.No.195, Prohibition aild Excise
I
Department dated 20th January, 1998. Before issuing the ~
F detention order on the basis of the report of the 3rd respondent,
the concerned legal advisor was consulted by the 2nd
respondent and only after he gave his opinion that the activities
of the appellant would attract the provisions of the Tamil Nadu
Act 14 of 1982 the detention order was issued. Therefore,
G according to the 2nd respondent, he issued the detention order
in a bonafide manner and in exercise of power vested with him
in his official capacity. The 2nd respondent further pleaded that
he had no malafide intention and only on the basis of materials
placed before him and being satisfied that it is just and
H
N. SENGODAN v. SCY TO GOVT. HOME DEPTI., 353
,.- CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
essential to detain the appellant under the Tamil Nadu Act 14 A
of 1982 he issued the detention order in a bonafide manner.

11. The 1st respondent, the Secretary to the Government,
Home (Prohibition & Excise) Department, Government of Tamil
Nadu filed a separate affidavit in the writ petition. He has also
B
taken pleas that the appellant falsely claimed to be the convener
of the Tamil Nadu Police Employees Association and that in
that capacity he had been visiting several Districts and insisting
' ->-- the members of the disciplined police force to join the said
Association so as to raise their voice against the Government.
It is stated that before issuing the detention order on the basis
c
of the report of the 3rd respondent, the legal advisor was
consulted by the 2nd respondent and only after getting his
opinion; the detention order was issued by G.O.Rt.No.195,
. Prohibition & Excise Department, dated 20th January, 1998.
'
.... y The 1st respondent has taken a similar plea that the appellant D
~
has wilfully suppressed the material fact that he gave an
undertaking in writing that he will not indulge in any such activity
in future and that the respondents never had any m~lafide
intention and only on the basis of the materials placed and being
satisfied that it is just and essential to detain the appellant under E
the Tamil Nadu Act 14 of 1982, the respondents issued the
detention order in a bonafide manner in their official capacity.
...>- The 1st respondent has also taken similar plea that the 2nd
respondent issued the detention order in a bonafide manner
in his· official capacity, the claim for damages made is F
unsustainable.

12. Learned Single Judge by the judgment dated 27th
April, 2010 dismissed the writ petition on the ground that the
~
appellant has failed to establish malafide intention on the part
_, G
of the respondents in registering a criminal case and detaining
him under Tamil Nadu Act 14 of 1982. The said judgment was
upheld by the Division Bench by the impugned judgment dated
16th August, 2010.

13. The appellant has highlighted the relevant facts as H
354 SUPREME COURT REPORTS (2013] 13 S.C.R.

A noticed above and the learned counsel placed reliance on the
First information Report, the communication made by the
parties, order of detention, etc. It was submitted by the learned
counsel for the appellant that the burden was wrongly placed
on the detenu particularly when no explanation was given by the
B respondents as to why action was taken for detention of the
appellant. It was further contented that the High Court erred in
holding that the appellant was involved in habitual activities
prejudicial to the interest of the public order by touring various
Districts and soliciting the police officials to join the association,
C though there was no material available on record to support the
same. According to the learned counsel for the appellant, in
absence of any evidence against the appellant it was not open
for the High Court to hold that the appellant toured various
Districts to mobilize public opinion.
D ---f .--
14. L-earned counsel for the 1st respondent strenuously took
pain to define malafide intention to suggest that nothing
malafide either on facts or in law has been proved by the
appellant.

E 15. The only question requires for our consideration is
whether in the facts and circumstances of the case the appellant
is entitled for any damage for having detained for around two
months under Section 3(2) of the Tamil Nadu Act 14 of 1982
in the Crime No.11/98.
F 16. From the record we find that much after his retirement
a press statement was released by the appellant on 8th
December, 1997 in a Tamil Newspaper "Malai Murasu", which
reads as follows:
"PRESS STATEMENT
G

This is the Requisition sent by Inspector S. Sengodan,
State Orgnizer on behalf of the officials working in the
Tamil Nadu Police DepartmefJf: tp the Hon'ble Chief
H Minister of Tamil Nadu Dr. Kalaignar.
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI.. 355
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
The Police Department is forced to seek protection A
for themselves as we have no solution as to how to stress
our demands to the Government.

For example on 30. 11. 97 in the incident that took
place in Kovai one Constable Thiru Selvaraj was attacked 8
and died and even this incident could not be brought to
the notice of the Government by police constables for
taking proper action in this regard and on their behalves,
their respective wives are forced to fight for their rights by
coming to the street in bringing this to the notice of the C
Government.

Thus in order to avoid this situation, already a
request was made to the Government by the officials in
the Police Department to form an Association/Union and
to act accordingly. As a reminder, again such request is D
made for forming of an association for the purpose of
seeking proper protection to the constables and to over
come their difficulties and to explain their true state of
affairs.
E
Therefore, the Hon'ble Doctor Kalaignar who is
treating the people belonging to various community, as
equal, is requested to accord sanction to form an
association for the above said purposes.

Sd/. F
S. Sengodan
State Organizer
Dated: 0811211997 Tamil
Nadu Police
Department employees" G
17. Based on the aforesaid press statement the First
lnfc;>.rmation Report was lo~ged by the 4th respondent, E.Gopi,
the then· Inspector of Police, Sooramangalam Police Station,
Salem City on 6th January, 1998 impleading the appellant as
H
356 SUPREME COURT REPORTS [2013] 13 S.C.R.
•
A an accused. A case (Crime No.11/98) was registered in the
Fairlands Police Station, Salem for the offence under Section
3 of the Police (Incitement to Disaffection) Act, 1922 and
Section 505(1)(b) of the IPC, relevant portion of which reads
as under:
B a/N THE COURT OF JUDICIAL MAGISTRATE N0.5,
SALEM
CRIME NO: 11198, FA/RLANDS POLICE STATION,
FIRST INFOMRA TION REPORT.
xxxx xxxx xxxx
c xxxx xxxx xxxx
Humbly Submitted:

Today i.e. on 6.1.98 at about 8.00 p.m. night while I being
the Inspector of Police was at the station, the Inspector
D of Police, Sooramangalam Police Station, Salem City
Thiru Gopi was present at the station and gave a report
along with a paper News cutting dated 8. 12. 97 published
in the news paper called 'Malai Murasu at page 2 which
reads as follows ..._
E
From:
E. Gopi, Inspector of Police,
Sooramangalam P. S.
Salem City.
F To
The Inspector of Police,
Fair/ands Police Station, Salem· City.
Sir, ~---
G I am working as Inspector of Police,
Sooramangalam Poiice Station, Salem City. Today
6.1.98, I read Malai Murasu dated 8.12.97 and I came
toknow that one Thiru N. Sengodan, formerly Inspector
of Police, Attur Police Station, Salem District now retired
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 357
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
and settled at 3190 P & T Colony, New Fair/ands, A
Salem.16, Salem City has given a statement to Malai
Murasu, Salem Edition as "In the Report given by
Sengodan, Organizer of the Tamil Nadu State Police
Department Association 'it has been stated as follows:
8
The Police Department which is giving protection
to the General public is forced to seek protection for
themselves as we have no solution as to how to stress
->-- our demands to the Government.

- In the incident that took place in Kovai one
Constable Se/varaj was attacked and died and even this
c
incident could not be brought to the notice of the
Government by police constables for taking proper action
in this regard and on their behalves, their respective
wives are forced to fight for justice by coming to the street D
.. y in bringing this to the notice of the Government.
Thus in order to avoid this situation, already a
request was made to the Government by the Police
Department to form an Association/Union and to act
E
accordingly. I request you once again as a reminder to
to.rm an Association for the purpose of seE:Jking proper
protection to the constables and to over come their
--~ difficulties and to explain their true state of affairs.

From the above statement, it is clear that the above F
said Thiru N. Sengodan, Inspector of Police (Retired)
intentionally caused disaffectin towards the Police
Department, Established by Law, in Tamil Nadu and also
with the intention of committing a breach Qf discipline
"1..-4, among the police force and also induces them to G
withheld their services. I am also enclosing a copy of the
paper cutting of Mafai Murasu, Salem Edition dated
8.12.97in page No.2, for your perusal and action.

Hence·/ request you to take suitable action against
H
358 SUPREME COURT REPORTS [2013] 13 S.C.R.

A Tr.N. Sengodan, Inspector of Police (Retd.) in this
regards.
Yours faithfully,
Sd.
E. Gopi Inspector, Dt. 6. 1. 98.
B
On the basis of the above said report, received by
me; I registered a case in Crime No. 11198 on the file of
Fair/ands Police Station for the offence under Section 3
of the Police (Incitement to Disaffection) Act, 1922 and
Section 505 (1)(b) /PC and sent the copies of the First
c Information Report to the concerned officials and taken
the case on file for investigation.
Sd.
Inspector of Police
Fair/ands 6. 1. 98"
D
In view of the aforesaid criminal case the appellant was
arrested on the same day, 6th January, 1998 and was taken
in custody.

18. The very same press note was used for issuance of
E detention order dated 9th January, 1998 by the 2nd respondent,
V. Jegannathan, the then Inspector General and Commissioner
of Police, Salem City for detaining the appellant under Tamil
Nadu Act 14 of 1982, which reads as follows:

F "PROCEEDINGS OF THE INSEPCTOR GENERAL AND
COMMISSIONER OF POLICE, SALEM CITY
PRESENT: TH/RU V. JEGANNATHAN, /.P.S.,
Office of the Inspector General and Commissioner of
Police,
Sa/em City.
G C.M.P .No.04/GOONDAISALEM CITY/98
Dated:09-01-1998
DETENTION ORDER
Whereas, I, V. Jegannathan, l.P. S., Inspector
H General and Commissioner of Police, Salem City, on the
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 359
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
. ~ A
materials placed before me, am satisfied that Thiru. N.
Sengodan, Male, aged 59 years, son of late Nanjappa
Gounder, No.319, P&T Colony, (East) New Fair/ands,
Sa/em-16, Fair/ands Police Station Limits, Salem City is
a "Goonda" as contemplated under Tamil Nadu Act 14
of 1982, and B
Whereas the aforesaid individual is found
indulging in an activity prejudicial to the maintenance of
_)-
Public Order and details of which are set out in detail in

- the grounds of detention.

Now, therefore, in exercise of the powers conferred
c
by Sub -section (2) of Section 3 of the Tamil Nadu
Prevention of Dangerous Activities of Bootleggers, Drug
Offenders, Forest Offenders, Goondas, Immoral Traffic
y- Offenders and S/umgrabbers Act, 1982 (Tamil Nadu Act D
-~
1411982) read with the orders issued by the Government
in G. O,Ms.No.221, Prohibition and Excise (XIV)
Department dated:18.10.1997 under sub-section (2) of
Section 3 of the said Act, I hereby direct that the said,
Thiru N. Sengodan, Male, aged 59 years, son of late E
Nanjappa Gounder, No.3190, P& T Colony (East), New
Fair/ands, Salem-16, Fair/ands P. S. Limits, Salem City
who is a 'GOONDA' be detained at the Central Prison,
-_,-;....
Salem.

Given under my hand_ and seal of this office, this
F
the 9th day of January 1998.
Sdl-
INSPECTOR GENERAL AND
~I_....-(
COMMISSIONER OF POLICE, G
SALEM CITY.
To
Thiru N. Sengoan,
Male, aged 59 years,
Son of late Nanjappa Gounder,
H
360 SUPREME COURT REPORTS [2013] 13 S.C.R.

A No. 3190, P& T Colony (East)
New Fair/ands, Salem-16.
Fair/ands P. S. Limits, Sa/em City.
(Now in Central Prison, Salem)
Through the Superintendent, Central Prison, Salem."
B
19. The appellant having taken in Central Prison made a
representation before the 2nd respondent, Inspector General
and Commissioner of Police, Salem City by stating that he has
no criminal antecedents. It was further stated that he was in the
c 'Police TASK FORCE' under the State which was formed to ---
nab the notorious sandal wood smuggler Veerappan and his
associates. As a Police officer his service record remained .
extremely good and he had been rewarded a number of times
and that meritorious service entry has been made in his service
0 record. He took plea that even if the act alleged to have
indulged is taken to be true, it neither constitute an offe11ce nor
will it result in the disruption of public order. He requested the
Commissioner of Police, Salem City to revoke the order of
detention and gave an undertaking that he will not indulge in
E any activity which is per se illegal and unlawful. The relevant
portion of the representation dated 9th February, 1998 reads
as follows:
"/ most respectfully submit as hereunder:

F On 7-1-1998 the Inspector of Police, Fair/ands, Salen
City arrested me in my residence and took me to the
Police Station. The grounds of arrest he informed is that
a case has been registered at his station in Crime No. 11
of 1998 for offences under Section 3 of the Police
(Incitement to Disaffection) Act, 1922 and under Section
G
505(1)(b) /PC and that the same was under investigation.
I was further informed that the said case has been
registered on 6.1.1998 upon a complaint said to have
been given by Thiru. Gopi, Inspector of Police,
Sooramanga/am, Salem City to the effect that I was
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT.,. 361
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
~ attempting to form an Association to fight for and secure A
,>-
certain rights to the serving Police personnel in the State
of Tamil Nadu and thereby incidentally inciting the police
personnel. Which is in a manner prejudicial to the
maintenance of the public order on being produced
before the Judicial Magistrate, I was remanded to judicial B
custody and lodged in the Central Prison, Salem.

On 9.1.1998 at about 3.45 p.m. the Superintendent,
1 Central Prison, Salem served the order in reference on
-~ me. The Inspector General and Commissioner of Police,
Sa/em City has passed the said order exercising the
c
,.,.
powers vested in him as the detaining authority under Act
14 of 1982, The detaining authority has passed this
detention order on the basis and acting upon an Affidavit
filed by Thiru.M.Ramasamy, Inspector of Police, Fairland
Police Station as the sponsoring authority. D
)"--
' 1 submit that I had never been cited much less convicted
for any offence previously, I have retired as a honest
Police Officer I have never come to adverse notice even
. during my service, I have been an ex-serviceman while E
in service while many officers were not willing to join the
'TASK FORCE' that was formed to nab the notorious
sandal wood smuggler Veerappan I offered· to join and
indeed served in the "TASK FORCE".
-> F
I humbly submit that my record of service as a Police
Official was extremely good. I have won several rewards
and meritorious service entries.

I submit that even if the acts alleged to have indulged
in are assumed to be true cannot be said they will result G
~~
in the disruption of the Public Order it is nowhere said that
as a result of my acts at any point of time or at any place
a public order was disrupted.

I submit that I undertake not to indulge in any activities
H
362 SUPREME COURT REPORTS [2013) 13 S.C.R.

A which is per se illegal and unlawful. I submit that I have
~
not taken any part in the strike or in the connected
activities. So I request that I am a innocent and I may be
released at an early date. I assure you that I will not take
any part in future in this connection.
B
I therefore request the Commissioner of Police to be
pleased to consider this Memorial and revoke the order
of detention.
Yours sincerely,
~-
c Sd/-
DATED: 9-2-1998
SENGODAN)"
(N. ...
20. The detention order was placed before the Advisory
Board under Section 10 of the Tamil Nadu Act 14 of 1982. After
D taking into consideration the representation and the connected
records the Advisory Board expressed its unanimous opinion
that there was no sufficient cause for detention of the appellant, -i r
N. Sengodan. In view of the non-approval of the detention order
by the Advisory Board and its finding, the Government of Tamil
E Nadu revoked the detention order dated 9th January, 1998 by
G.O.Rt.No.636 dated 3rd March, 1998 issued from Prohibition
& Excise (XIV) Department, Chennai. The revocation order
dated 3rd March, 1998 reads as follows:
"GOVERNMENT OF TAMIL NADU
F ABSTRACT ~
PREVENTIVE DETENTION - Sa/em City - Tamil Nadu
Prevention of Dangerous Activities of Bootleggers, Drug-
Offenders, Forest Offenders, Goondas, Immoral Traffic.
Offenders and Slum-grabber!; Act 1982 - Detention of
G Thiru. N. Sengodan, Goonda - Order of detention -
Revoked.

H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT.) 363
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
PROHIBITION 7 EXCISE (XIV) DEPARTMENT A

G.O.Rt.No.66
Dated: 3-3-98.

Read:-
8
1. From the Commissioner of Police, Salem City,
Lr.CMP No.4/Goonda!SLM/C/98, Dt:12.1.1998.

2. G.O. Rt.No.195/P&E Department, dated:20-1-98.

- 3. From the Chairman, Advisory Board, report dt: 19-2- C
98.

ORDER:
D
The grounds of detention etc., of the detenu
Thiru.N. Sengodan, slo Thiru.Nanjappa Gounder, No.31
90, P& T Colony (East) New Fair/ands, Salem-16,
Fair/ands Police Station Limits, Salem City, were placed
before the Advisory Board under Section 10 of the E
Prevention of Dangerous Activities of Bootleggers, Drug-
Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders and Slum-grabbers Act 1982 (Tamil Nadu Act
1411982). The Advisory Board after perusing the grounds
of detention the report of the detaining authority to the F
Government, the written representation of the detenu
dated:9-2-98 and the connected records and also the
oral representation of the detenu before the Advisory
Board has expressed its unanimous opinion that there
is no sufficient cause for the detention of Thiru. N. G
. .,.....!
• Sengodan. Therefore, in accordance with the Provisions
of sub-section (2) of Section 12 of the aforesaid Act, the
Governor of Tamil Nadu hereby revokes the order of
detention dated:9-1-98 made by the Commissioner of
Police, Salem City against the said Thiru. N. Sengodan H
364 SUPREME COURT REPORTS [2013) 13 S.C.R.

A and direct that Thiru.N. Sengodanbe released forthwith
from detention under the Tamil Nadu Act 1411982 unless
he has been detained under any law or is serving any
sentence having been convicted by any court.

B
R. POORNALINGAM,
SECRETARY TO GOVERNMENT."

· 21. In criminal case Crime No.11/98 after investigation, the
respondents failed to get any ingredients to submit chargesheet
c against the appellant, N. Sengodan; The 3rd respondent, M.
Ramasamy, the then Inspector of Police, Fairlands Police
Station, who was dealing with the said criminal case after
consulting the Assistant Prosecutor, Murugesan and going
through the CD file opined that the-re was no necessary
-
D ingredients available to curb and hook-up the appellant,
N.Sengodan under Section 3 of the Police (Incitement to
Disaffection) Act, 1922 and Section 505(1)(b) of the IPC and
therefore, advised to drop further action. In view of the aforesaid '
opinion and materials on record Ramasamy, Inspector of
E Police, Fairlands Police Station submitted his final report
dropping the case which reads as follows:

"In the Court of the Judicial Magistrate No. V Salem
RCs.No.1912001. FINAL REPORT IN FAIRLANDS P.S.
Cr.No.11198 Uls. 3 of the Police (Incitement to ~~
F Disaffection)Act. 1922 and Section 505(1)(b) /PC.

One Thiru. E. Go pi, the then Inspector of Police,
Sooramangalam P. S. ·preferred a complaint at Fair/ands
Police Station on 6. 1. 98 to the effect that the statement
G given by Tr.Sengodan, a retired Inspector of Police and
published in page No. 2 of second edition of Malai )>--,
Murasu dated: 8.12.97 was inciting the police personnel
of Tamil Nadu to form an Association to fight for their
likely rights and produced the paper cutting. The
statement was likely to incite the police personnel who
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT, 365
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]

.....' ,;..- read it to form an Association to fight for their rights and A
made out the offences, punishable unaer Section 3 of the
. Police (Incitement to Disaffection) Act, 1922 and Section
505(1)(b) /PC. So a case in Fair/ands P.S. Cr.No.11198
under the abovesaid section, of law was registered and
investigation was taken up. B
The said retired Inspector of Police was arrested on
6-01-98at his residence and produced before the court
of JM.5 on 7.1.98. He was remanded in Judicial custody.
->-- Finally, he was detained under Section 14 of Goondas
c
Act by the Commissioner of Police, Salem vide CMP
No.04/Goondas!Salem City/98, dated:2.1.98. But the
Advisory Board revoked the said detention order vide
G.O.Rt.No.636 dated:3.3.98 by virtue of which he was
released.
D
Then I consulted the Assistant Prosecutor
~ ... }- Tr. Murugesan, He went through the CD file and offered
his opinion that the necessary ingredients to hook-up the
said Tr. Sengodan under the said sections of law were
lacking and in one and advised to drop further action. E
Accordignly, further action in this case is hereby
dropped.
Sdl·
--> Ramasamy, Inspector of Police, F
FairlandsP. S."
In the meantime, because of criminal case and the
detention order the appellant had to remain under detention for
a period from 6th January, 1998 to 3rd March, 1998.
.-.;,,_.....( G
22. From the counter-affidavit we find that M. Subbannan,
Assistant Commissioner of Police, Western Range, Salem City,
Salem by letter dated 7th January, 1998 informed the Inspector
General and Commissioner of Police, Salem City, Salem that
H
366 SUPREME COURT REPORTS [2013) 13 S.C.R.

A the Additional Director of Prosecution, l/C Salem on perusal
of the records of the Crime No.11 /98 opined that the accused
(appellant herein) is a fit person to be detained as 'Goonda'
under the Tamil Nadu Act 14 of 1982. He thereby requested
that the action may be taken against the appellant to detain him
B as 'G6onda' under the Tamil Nadu Act 14 of 1982. The said
letter dated 7th January, 1998 reads as follows:

"D. THIRU.NAVUKKARASU, Dated: 7-01-1998.

ASST. DIRECTOR OF PROSECUTION,
c
DHARAMPURI i!c SALEM.

I have perused the case diary file of Thiru. N.
D Sengodan, male aged 59 years, slo late Nanjappa
Gounder, 3190 P& T Colony (East), New Fair/ands,
Salem-16, concerned in Fair/ands P.S. Cr.No.11198 uls
3 of the Police (Incitement to Disaffection) Act, 1992 and
Section 505(1)(b)IPC. registered on 06.01.98.
E
2. The records reveal that the activities of the accused
Thiru. Sengodan, in having instigated the police
personnel by issue of press statement, to form an
Association of their own, are prejudicial to the
maintenance of public order. (copy of press statement
F enclosed). ·

3. While he was in service, Tr. Sengodan, claimed to be
the President of South Arcot Distt. Police Association and
after retirement from service as Inspector of Police on
G 31.10.1997, he has reportedly floated a self styled Union,
viz., Tamil Nadu Government Police Officials Union
and he claims to have applied for recognition of his Union
by the Government.
4. Considering his past history and present activities
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 367
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
inciting the police personnel to form an Association of A
their own to fight for their rights, · / am of the opinion that
the prevailing penal law is of no avail to curb his activities
and with a view to prevent him from acting in any manner
prejudicial to the maintenance of public order, it is
necessary to make an order of detention and the B
accused is a fit person to be detained as GOONDA under
Tamil Nadu Act 1411982.

Asst.Director of Prosecution,
Dharampuri i!c Salem." C
23. On the same date, i.e., 7th January, 1998, 3rd
respondent, Mr. M. Ramasamy, Inspector of Police, Fairlands
Police Station, Salem Gity by an affidavit before the Inspector
General and Commissioner of Police, Salem City requested
to issue an order of detention under Section 3(2) of the Tamil D
Nadu Act 14 of 1982. In the said letter 3rd respondent, M.
Ramasamy shown himself as petitioner and the appellant-
accused as the respondent. In the said affidavit he informed
that he had come across the activities of the appellant, who
retired from service on 31st October, 1997 and is known for E
his pro-Police Association activities even while he was in
Government service and claimed himself to-be the President
of South Arcot District Police Association and, therefore,
requested to detain him as he would indulge in such activities
continuously unless he was detained under the Tamil Nadu Act F
14 of 1982. The affidavit dated 7th January, 1998 filed by the
3rd respondent, Mr. M. Ramasamy, the then Inspector of Police,
Fairlands Police Station, Salem City reads as follows:

"BEFORE THE INSPECTOR GENERAL AND
COMMISSIONER OF POLICE. SALEM CITY. G

M: Ramasamy, )

Inspector of Police, ) PETITIONER
H
368 SUPREME COURT REPORTS (2013] 13 S.C.R.

A Fair/ands P.S., )

Sa/em City. )

-Versus -
B Thiru N. Sengodan, )

male, aged· 59 years, )

son of late Nanjappa Gounder,) RESPONDENT
--4,:-
c 3190, P& T Colony (East) )

New Fair/ands, Salem-16, )

Fair/ands P. S. Limits,

D Sa/em City.

AFFIDAVIT FILED BY TH/RU M. RAMASAMY, ·--1 r
INSPECTOR OF POLICE, FAIRLANDS P.S., BEFORE
THE COMMISSIONER OF POLICE, SALEM CITY,
PRAYING FOR AN ORDER OF DETENTION UNDER
E
SECTION 3(2) OF THE TAMIL NADU ACT 1411982.

I, M. Ramasamy, aged 43 years, son of Thiru
Maruthaiah, Inspector of Police, Fair/ands Police Station,
Sa/em City, do hereby solemnly affirm and sincerely --l_-
F state as follows:- ·

(1) I submit that I am the Inspector of Police, Fair/ands
P. S., having jurisdiction over Fair/ands P. S. Limits. I have
been entrusted with the work of enforcement of law and
G order, detention of crime, prohibition and other related
offences, prosecution of criminals who· commit offences ....._;
in violation of the provisions which adversely affect the
public order.

(2) During the course of my above mentioned duties, I
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT., 369
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
came across the activities of Thiru N. Sengodan, male, A
a retired Inspector of Police, aged 59 years, son of late
Nanjappa Gounder, residing at No.3190 P&T Colony
(East), New Fair/ands, 'Salem-16, Fair/ands P.S. Limits,
Sa/em City. Thiru Sengodan who retired from service on
31.10.97 is known for his pro-Police Association activities B
even while he was in Government service and claimed
to be the President of South Arcot District Police
Association. He is the self styled leader of Tamil. Nadu
Government Police Officials Union now.

(3) Further, on 08.12.97, he has come to adverse notice C
by issuing a press statement that appeared in Malai
Murasu, inciting the police personnel of Tamil Nadu to
form an association to fight for their rights and later he
has toured the districts of Coimbatore, Tiruchirapalli,
Pudukottai and Chennai City and incited the serving D
police personnel over forming of an association, and
acted in a manner prejudicial to the maintenance of
public order. In this connection, a case in Fair/ands P. S.
Cr.No. 11198, under Section 3 of the Police (Incitement
to Disaffection) Act, 1922 and Section 505(1)(b) /PC has E
been registered against him and the case is under
investigation~

(4) I also submit that Thiru N.Sengodan was produced
before the Judicial Magistrate No. V, Salem on F
0"(.01.1998 and he was remanded to judicial custody at
Central Prison, Sa/em as ordered. Now, Thiru N.
Sengodan, is in remand at Central Prison, Salem, as a
remand prisoner.

(5) The marks of identification of the accused are properly G
entered in the P. S. R. as below:

(1) Two old wound scars on the forehead above
the left eye.
H
370 SUPREME COURT REPORTS [2013] 13 S.C.R.

A (2) Two old would scars on the forehead above the
left eye.

(3) A block mole below the left eye.

The extract of the P.S.R.is enclosed.
B
(6) Hence, there is. every likelihood that Thiru N.
Sengodan would indulge in such activity continuously
unless he is detained under Tamil Nadu Act 14 of 1982.

I, therefore, request that necessary action may
c kindly be taken against him, under Tamil Nadu Act 141
1982, if deemed fit, by the Detair1ing Authority.

INSPECTOR .OF POLICE,

D FAIRLANDS POLICE STATION,
'-{ ,.
SALEM CITY.

Solemnly affirmed at Salem, this 7th day of January
1998 and signed his name in my presence."
E
24. The same ground was shown in the order of detention
. vide proceedings dated 9th January, 1998 of the Inspector
General and Commissioner of Police, Salem City, which reads
as follows: ~-
F "PROCEEDINGS OF THE INSPECTOR GENERAL AND
COMMISSIONER OF POLICE.

SALEM CITY.

PRESENT: TH/RU V. JEGANNA THAN, J.P. S. .·)--...;
G
C. M. P. NO. 04/GOONDAISLMCCl/98
DA TED:09. 01. 1998.

Sub: Tamil Nadu Preventlon of Dangerous Activities of
H Bootleggers, Drug Offenders, Forest Offenders,
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT. 371
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
Goondas, Immoral Traffic Offenders, Slum A
Grabbers Act, 1982 (Tamil Nadu Act 14/1982) -
Detention of Thiru N. Sengodan, male, aged 59
years, son of late Nanjappa gounder, residing at
No.3/90, P&T colony (East), New Fairlands, Salem-
16, Fairlands P.S. Limits, Salem city under section 8
8(2) of the Act - Grounds of detention.

ORDER:
c
Thiru N. Sengodan, male, aged 59 years, son of
late Nanjappa gounder and a retired Inspector of Police,
residing at No.3190, P& T Colony (East), New Fair/ands,
Salem-16, Fair/ands P.S. Limits; Salem City; has come
to adverse notice as detailed below:
)-' D
'~
(i) Thiru N. Sengodan, who retired as Inspector of Police
on 31-10-1997 from Attur Town Police Station in Salem
District, is known for his pro-Police Association activities.

(ii) Even while he was in Government service, he had E
indulged in such Police Association activities and
claimed himself as the President of South Arc,ot District
~j_ Police Association.

(iii) After his retirement on 31-10-1997 from Govt. service,
Thiru N. Sengodan, has floated an Association called, F
"Tamilnadu Government Police Officials Union" for the
police personnel: (The Press statement of Tr. N.
Sengodan appeared in "Malai Murasu"on 8. 12. 97 wiff
..._... speak to this effect)
G
(2) A detention order under section 3(2) of the
Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drug Offenders, Forest Offenders,
Goondas, Immoral Traffic Offenders and Slum
Grabbers Act, 1982 (Tamil Nadu Act 1411982) has H
372 SUPREME COURT REPORTS [2013] 13 S.C.R.

A been made against Thiru N. Sengodan, male,
aged 59 years, son of late Nanjappa gounder,
residing at No. 3190, P& T Colony (East), New
Fair/ands, Salem-16, Fair/ands Police Station
limits, Salem City in C.M.P.No.04/Goonda/Salem ,__
'
B City/98, dated 09-01-1998.

(3) The grounds on which detention has been
made are as follows:-

O.n 08-12-1997, Thiru N.Sengodan, male,
c aged 59 years, son of late Nanjappa gounder,
residing at No. 3190, P& T Colony (East), New
Fair/ands, Salem-16, Fair/ands P.S. limits, Salem
City, has issued a press statement that appeared
in "Ma/ai Murasu", Salem edition, in which, he has,
D in the capacity of Organiser, Tamil Nadu
Government Police Officials Union, reiterated his
earlier demand placed before the Government on
formation of an Association for police personnel.
Further, he has urged formation of such an
E Association to protect the interests of police
personnel and to ventilate their grievances.

Furthet; after issuing the above press statement,
Thiru N. Sengodan has toured the districts of
Coimbatore, Tiruchenirappal/i, Pudukottai and Chennai
F City and incited the service police personnel over
formation of an Association, and acted in a manner
prejudicial. to the maintenance of public order. This is
evident from the statements got recorded from the
witnesses: (1) Thiru Ramachandran, PC 1804, >-..:··
G Dheevattipatii P.S., (2) Thiru Duraisamy, H.C. 439,
Hasthampatty P. S. (Crime).
Following appearance of press statement in "Malai
Murasu"Thiru E. Gopi, Inspector of Police,
Sooramanga/am Police Station appeared at Fair/ands
H
N. SENGODAN v. SCY. TO GOV'r. HOME DEPTI., 373
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
' ~
Police Station at 2000 hours on 06.01.98 and preferred A
a complaint to the effect that the statement issued by
Thiru N. Sengodan, is inciting the Police personnel of
Tamil Nadu to form an Association to fight for their rights.
He requested to take appropriate action against Thiru N.
Sengodan. B

The Inspector of Police, Fair/ands Police Station
recorded the said complaint in the G.D. at 2000 hours
~;?--
on 06.01.98 and registered a case in Cr.No. 11198, u/s 3
of the Police (Incitement to disaffection) Act, 1922 and
Section 505(1) (b) /PC, against Thiru N. Sengodan, for
c
commission of offences in inciting the police personnel
to form an Association.

The Inspector of Police, Fair/ands P. S. took up
investigation of the case, and he, alongwith his party D
.... )--· proceeded to the residence of Thiru N. Sengodan, No.31
90, P& T Colony (East), New Fair/ands, Salem-16, and
arrested him at 2200 hours, on 06.01.98. On being
interrogated, Thiru N. Sengodan, admitted of having
· given the press statement to "Malai Murasu" on 08.12.97 E
on the need for the formation of an Association for Police
personnel. He was then brought to Fair/ands Police
Station at 2230 hours on 06.01.98 and was handed over
. -> to the station sentry Gr. 1 PC. 2340 Selvakumar for
custody. Later, Thiru N. Sengodan was produced before F
the Judicial Magistrate No.5, Salem at 0100 hours on
07.01.98 and was remanded to judicial custody for 15
days upto 20.01.98, at Central Prison, Salem. The case
is under investigation .
.,,, _.....
(4) Hence, I am satisfied that Thiru N. Sengodan G
habitually committing violent crimes and is also acting
in a manner prejudicial to the maintenance of public
order and as such he is a Goonda as contemplated
under sections 2(a) (f) of the Tamilnadu Act 1411982.
H
374 SUPREME COURT REPORTS [2013] 13 S.C.R.

A (5) xxxxxxx
(6) xxxxxxx
(7) xxxxxxx
B Inspector General and
Commissioner of Police,
Sa/em City."
On the same date, i.e., 9th January, 1998 the detention ~ __
order was issued by the Inspector General and Commissioner
c of Police, Salem City.

25. From the different communications, report, FIR and
orders as quoted above, we find that the following allegations
were levelled against the appellant:
D (i) the appellant, retired Inspector of Police by press
statement published in the second edition of " Malai
Murasu"dated 8th December, 1997 incited the police
personnel of Tamil Nadu to form an Association to fight
for their likely rights;
E
(ii) the statement aforesaid was likely to incite the police
personnel who read it to form an Association to fight for
their rights;

(iii) the aforesaid incitement and press note made out the
F offences, punishable under Section 3 of the Police
(Incitement to Disafffection) Act, 1922 and Section
505(1)(b) of the /PC;

(iv) the records reveal that the activities of the accused-
G appellant, in having instigated the police personnel by
issue of press statement, to form an association of their
own, are prejudicial to the maintenance of the public
order;

(v) while he was in service, the appellant claimed to be
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT., 375
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
.k
the President of South Arcot District Police Association A
and after retirement from service as Inspector of Police
on 31st October, 1997, he had reportedly floated a self-
styled Union, viz., Tamil Nadu Government Police
Officials Union and he claimed to have applied for
recognition ofhis Union by the Government; and B

(vi) his past history and present activities in inciting the
police personnel to form an Association of their own to
-+ fight for their rig~ts and such activities are prejudicial to
the maintenance of the police order which cannot be
curtailed by prevailing penal law and, therefore, it was
c
necessary to declare him "Goonda" for detention under
the Tamil Nadu Act 14 of 1982."

26. Section 3 of the Police (Incitement to Disaffection) Act,
~
1922 stipulates penalty for causing disaffection towards the D
......
State, etc. reads as follows:

"Section 3. Penalty for causing disaffection, etc.
Whoever intentionally cause~ or attempts to cause, or
does any act which he knows is likely to cause E
disaffection towards the Government established by law
in India amongst the members of a Police Force, or
induces or attempts to induce, or does any act which he
_;z knows is likely to induce any member of a police force
to withhold his service or to commit a breach of discipline
F
shall be punished with imprisonment which may extend
to six months or with fine which may extend to two
hundred rupees, or with both.'.'

..; -4.
27. Thus the question that arises is whether the intention
of the appellant (a retried police officer) to form Association of G
Police force amounts to causing disaffection towards the
Government established by law to attract Section 3 of Police
(Incitement to Disaffection) Act, 1922. To decide such issue one
may refer one of the Central Acts enacted by the Parliament
known as "The Police-Forces (Restriction of Rights} Act, 1966 H
376 SUPREME COURT REPORTS (2013] 13 S.C.R.

A (Act 33 of 1966) (hereinafter referred to as the "1966 Act") to """
provide for the restriction of certain rights conferred by Part Ill
of the Constitution in their application to the members of the
Forces charged with the maintenance of public order as to
ensure the proper discharge of their duties and the
B maintenance of discipline among them. Section 3 of the 1966
Act restricts right to form association, freedom of speech, etc.,
which reads as follows:

"Section 3. Restrictions respecting right to form +-
c
association, freedom of speech, etc.-

(1) No member of a police force shall, without the express
-
sanction of the Central Government or of the prescribed
authority,-

D
(a) be a member of, or be associated in any way with,
any trade'union, labor union, political association ---1 ~·
or with any class of trade unions, labor unions or
political associations; or

(b) be a member of, or be associated in any way with,
E any other society, institution, association or
organization that is not recognized as part of the
force of which he is a member or is not of a purely
social, recreational or religious nature; or Jl__

F (c) communicate with the press or publish or cause
to be published any book, letter or other document
except where such communication or publication
is in the bona fide discharge of his duties or is of
a purely literary, artistic scientific character or is
G
of a prescribed nature. >--:.--
Explanation.- If any question arises as to whether any
society, institution, association or organization is of a
purely social, recreational or religious nature under
clause (b) of this sub-section, the decision of the Central
H Government, thereon, shall be final.
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI.• 377
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
(2) No member of a police-force shall participate A
in, or address, any meeting or take part in any
demonstration organized by any body of persons for any
political purposes or for such other purposes as may be
prescribed."
B
28. Under
. Section 4 of the 1966 Act penalty is. prescribed
as: if any police officer violates the said provisions, shall, without
prejudice to any other action that may be taken against him,
be punishable with imprisonment for a term which may extend
--+ to two years, or with fine which may extend to two thousand
c
......,_ rupees, or with both .
29. It is apparent from Section 3 of the Act 1966 that there
is no specific ban to form association but there is a restriction
to form association. A Police personnel can be a member of,
or can be associated in any way with, any trade union, labour D
)'- union, political association or with any class of trade unions,
~
labour unions or political associations only with the express
sanction of the Central Government or of the prescribed
authority. For attracting the penalty under Section 3 for causing
disaffection, it is to be proved that the person concerned E
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
-X which he knows likely to induce any member of the Police force F
to withhold his service or committed breach of discipline.
30. From the press statement dated 8th December, 1997
it is apparent that no incitement has been made by the
appellant against the State Government nor the Police force
..;....-4. has been instigated. The appellant cited past incident of 30th G
November, 1997 in which one Selvaraj a Police constable was
attacked and killed which could not be brought to the notice of
the Government by Police constables for taking proper action
and their wives were forced to fight for their rights by coming
to the street in bringing this to the notice ofthe Government. A H
378 SUPREME COURT REPORTS [2013) 13 S.C.R.

A reminder was given to the Chief Minister to allow to form
Association or Union for the purpose of seeking proper
protection to the Police constables and to overcome their
difficulties and to explain their true state of affairs as apparent
from the following part of the press note dated 8th December,
B 1997:

"For example on 30. 11. 97 in the incident that took place
in Kovai one Constable Thiru Selvaraj was attacked and
died and even this incident could not be brought to the
notice of the Government by police constables for taking
c proper action in this regard and on their behalves, their
respective wives are forced to fight for their rights by
coming to the street in bringing this to the notice of the
Government.

D Thus in order to avoid this situation, already a
request was made to the Government by the officials in
the Police Department to form an Association/Union and
to act accordingly. As a reminder, again such request is
made for forming of an association for the purpose of
E seeking proper protection to the constables and to
overcome their difficulties and to explain their true state
of affairs.
Therefore, the Hon'ble Doctor Kalaignar who is
treating the people belonging to various community, as
F equal, is requested to accord sanction to form an
association for the above said purposes."
31. Section 505 of the Indian Penal Code relates to the
statements conducing public mischief. Sub-section (1)(b) of
G Section 505 IPC reads as follows:

"Section 505. Statements conducing to public
mischief.-
(1)Whoever makes, publishes or circulates any
H statement, rumour or report,-
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI., 379
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
(a) xxx xxx xxx A
~

(b)with intent to cause, or which is likely to cause, fear or
alarm to the public, or to any sectiort of the public whereby
any person may be induced to commit an offence against
the State or against the public tranquility; or B
(c) xxx xxx xxx,

shall be punished with imprisonment which may extend
to three years, or with fine, or with both."
c
32. In the present case nothing has been brought to the
notice of this 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 State
Government or against the public tranquility, issued the above
0
said press statement.

Therefore, it is not clear on what basis the charge under
Section 3 of the Police (Incitement to Disaffection) Act, 1922
and Section 505(1)(b) of the IPC was levelled against the
appellant. E
33. From the final report filed in the Fairlands Police Station
Crime No.11/98 by Mr. M. Ramasamy, Inspector of Police,
Fairlands Police Station, as quoted above, we also find that in
absence of ingredients to hook-up the appellant under the F
aforesaid sections of law it was advised to drop the criminal
case and the same was accordingly dropped.

34. The appellant was declared as 'Goonda' under
detention order dated 9th January, 1998 and· was detained
;._.i_ under the Tamil Nadu Act 14of1982. 'Goonda' is defined under G
Section 2(f) of the Tamil Nadu Act 14 of 1982 which reads as
follows:

"Section 2(f) "Goonda" means a person, who either by
himself or as a member of or leader of a gang habitually H
380 SUPREME COURT REPORTS (2013] 13 S.C.R.

A commits, or attempts to commit or abets the commission
of offence, punishable under Chapter XVI or Chapter XVII
or Chapter XXll of the Indian Penal Code (Central Act XLV
'
of 1860)."

35. Section 2(a) of the Tamil Nadu Act 14of1982 defines
B
"acting in any manner prejudicial to the maintenance of public
order", which in the case of 'Goonda' means

"Section 2(a): "acting in any manner prejudicial to the
maintenance of public order" means - +--
c
(iii) in the case of a goonda, when he is engaged, or
is making preparations for engaging, in any of his
activites as a goonda which affect adversely, or are
likely to affect adversely the maintenance of public
-
D order."

36. In the present case the respondents have failed to bring --1
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
E the maintenance of public order. There is nothing on record to
suggest that the appellant, who either by himself or as a
member of or leader of a gang habitually committed, or
attempted to commit or abetted the commission of offence
punishable under Chapter XVI or Chapter XVII or Chapter XXll )(.__ _
F of the Indian Penal Code. In fact, in absence of any such
ingredients, the Advisory Board constituted under Section 10
of the Tamil Nadu Act 14 of.1982 rightly held that there was no
sufficient cause for detention of the appellant. For the same very
reason the State Government revoked the order of detention
G dated 9th January, 1998 made by the Commissioner of Police,
Salem City by G.O. Rt.No.66 dated 3rd March, 1998 issued ~
from Prohibition and Excise (XIV) Department.

37. The 4th Respondent, E.Gopi, the then Inspector of
Police, Sooramangalam Police Station, Salem who preferred
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTI._, 381
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
the complaint on 6th January, 1998 (FIR) referring to the press A
statement observed that the appellant intentionally caused
disaffection towards the Police Department, established by law,
in Tamil Nadu and the same was made with the intention of
committing a breach of discipline amongst the Police Force
and to induce them to withheld their services. B

The same view was taken by the 2nd respondent, the then
Inspector General and Commissioner of Police, Salem City
who declared the appellant as "Goonda" on the basis of the
aforesaid material on record and issued order of detention on C
9th January, 1998.

· Mr. D. Navukkarasu, Assistant Director of Prosecution by
letter dated 7th January, 1998 referring to the aforesaid
incident, reported as follows: ·
D
"2. The records reveal that the activities of the accused
Thiru. Sengodan, in having instigated the police
personnel by issue of press statement, to form an
Association of their own, are prejudicial to the
maintenance of public order. (copy of press statement E
enclosed).

3. While he was in service, Tr.Sengodan, claimed to be
the President of South Arcot Distt. Police Association and
after retirement from service as Inspector of Police on
31.10.1997, he has reportedly floated a self styled Union, F
viz., Tamil" Nadu Government Police Officials Union
and he claims to have applied for recognition of his Union
by the Government.

4. Considering his past history and present activities G
• -.-4. inciting the police personnel to form an Association of
their own to fight for their rights, I am of the opinion that
the prevailing penal law is of no avail to curb his activities
and with a view to prevent him from acting in any manner
prejudicial to the maintenance of public order, it is H
382 SUPREME COURT REPORTS [2013) 13 S.C.R.

A necessary to make an order of detention and the
accused is a fit person to be detained as GOONDA under ~'
Tamil Nadu Act 1411982."

38. The 3rd respondent, M. Ramasamy, the then Inspector
of Police, Fairlands Police Station, Salem City in his affidavit
B
stated that the appellant who retired from service on 31st
October, 1997 is known for his pro-police association activities
even while he was in service. It was further stated that the
appellant claimed to be the President of the South Arcot District
Police Association while in service and is a self styled leader 4---
c of Tamil Nadu Government Police Officials Union now. He
further submitted by his affidavit dated 7th January, 1998 before
the Inspector General and Commissioner of Police, Salem City
and stated that the appellant was inciting the police personnel
of Tamil Nadu to form an Association to fight for their rights and
D later he toured districts of Coimbatore, Tiruchirapalli, Pudukottai
and Chennai City and incited the serving police personnel for --(
forming an association and acted in a manner prejudicial to the
maintenance of the public order. It is also stated that the
Inspector General and Commissioner of Police accepted the
E aforesaid stand taken by the other respondents.
39. We have already noticed that there is nothing on the
record to suggest that the appellant while in service took part
in pro-police association activities or formed any association
such as South Arcot District Police Association. There is -:i<..-
F
nothing on the record to suggest that he formed another
association after retirement, namely, Tamil Nadu Police Officials
Union. The respondents have 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
G
rights against the Government. The respondents have also
failed to bring on record that the appellant toured to the Districts
)..___ -
of Coimbatore, Tiruchirapalli, Pudukottai and Chennai City and
incited serving .police personnel over forming an association
in a manner prejudicial to the maintenance of the public order.
H
• N. SENGODAN v. SCY. TO GOVT. HOME DEPTT,, 383
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]

40. The respondents have filed certain statements of some A
,/
police officers but they cannot be relied upon. They are not the
statements made by any person under Section 161 of the
Cr.P.C. or before any Court of law. Neither any date is shown
therein nor it i~ stated that they are true co"pies of the original
documents. 8

41. In the present case, though there is no sufficient eause
for the detention of the appellant, in the counter-affidavit filed
___,,__
\ by the 1st respondent, 2nd respondent, V.Jegannathan, the then
Inspector General and Commissioner of Police, Salem City c
and the 3rd respondent, M. Ramasamy, the then Inspector of
Police, Fairlands Police Station, Salem City, they have taken
similar plea that the activities of the appellant in having
instigating the police personnel by issuing a press statement
to form an association of their own which was prejudicial to the
D
maintenance of the public order. Again similar plea has been

- )- taken that the appellant was the President of South Arcot
District Police Association and after retirement on 31st
October, 1997 he floated a self styled Union, viz., Tamil Nadu
Government Police Officials Union and there is a past history
E
and present activities to show that he incited the police
personnel to form an association of their own to fight for their
rights against the Government. These statements made in the
counter-affidavit are not based on the record and the justification
.... x given for detention clearly shows that the 1st respondent, 2nd
respondent, V.Jegannathan, the then Inspector General and F
Commissioner of Police, Salem City and the 3rd respondent,
M. Ramasamy, the then Inspector of Police, Fairlands Police
Station, Salem City with an intention detained the appellant on
6th January, 1998 based on facts which were not in existence.
-'- __... The appellant had to remain in custody for more than two G
months on the basis of opinion given by the respondents based
on facts which were not in existence.

42. We have noticed that the respondents have not even
repented in taking wrong action, they have nowhere mentioned H
384 SUPREME COURT REPORTS [2013] 13 S.C.R.

A that the appellant was wrongly apprehended and taken in
custody.

43. From the plain reading of the press note published in
the Tamil Newsp~per "Malai Murasu" it merely shows that the
appellant had made a requisition on behalf.of the officials
8
working in the Tamil Nadu Police Department to the Hon'ble
Chief Minister of Tamil Nadu, Dr. Kalaignar stating that the
police is forced to seek protection for themselves as they have
no solution as to how to stress their demands to the _._ _
C government. Example of the incident of 30th November, 1997
has been shown in the said press statement when one of the
constables was attacked and killed and wives of the police
personnel were forced to fight for their rights by coming to the
street to bring certain facts to the notice of the State
Government. It was mentioned that in order to avoid this
D situation a request has already been made to the Government
by the officials in the Police Department to form an Association/
Union to act accordingly. Thereby, Hon'ble Dr. Kalaignar, the •
then Chief Minister was requested to accord sanction to form
an Association for the above said purpose.
E
44. The aforesaid press statement does not make out a
case either under Section 3 of the Police (Incitement to
Disaffection) Act, 1992 or under Section 505(1)(b) of the IPC.
On the other hand, the press release shows that the appellant
F acted in accordance with the 1966 Act under which permission
is required to form an Association.

45. In the case of State of Bihar and another vs. P.P.
Sharma, /AS and another reported in 1992 Supp.(1) sec
222,this Court defined mala tides and held:
G
"50. Mala tides means want of good faith, personal
bias, grudge, oblique or improper motive or ulterior
purpose. The administrative action must be said to be
done in good faith, if it is in fact done honestly, whether
H it is done negligently or not. An act done honestly is
~ N. SENGODAN v. SCY. TO GOVT. HOME DEPTT,, 385
I ,;*- CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
deemed to. have been done in good faith. An A
administrative authority must, therefore, act in a bona fide
manner and should never act for an improper motive or
ulterior purposes or contrary to the requirements of the
statute, or the basis of the circumstances contemplated
by law, or improperly exercised discretion to achieve B
some ulterior purpose. The determination of a plea of
ma/a fide involves two questions, namely (i) whether there
---~
is a personal bias or an oblique motive, and (ii) whether
.. the administrative action is contrary to the objects,
requirements and conditions of a valid exercise of c
administrative power.

51. The action taken must, therefore, be proved to
have been made ma/a fide for such considerations. Mere
assertion or a vague or bald statement is not sufficient.
... ',.- It must be demonstrated either by admitted or proved D
facts and circumstances obtainable in a given case. If it
is established that the action has been taken ma/a fide
for any such considerations or by fraud on power or
coiourab/e exercise of power, it cannot be allowed to
stand." E

This Court in the same case of P.P. Sharma (supra)
.... >"- further held that the person against whom mala fides or bias
was imputed should be impleaded as a party respondent to the
proceedings and given an opportunity to meet those F
allegations.

46. In this case the appellant has not only made assertion
.:.. _.... but demonstrated by placing either by admitted or proved facts
and circumstances obtainable that even though the case is not
made out but he was harassed. G

47. 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 H
386 SUPREME COURT REPORTS [2013] 13 S.C.R.

-~'
A investigator must be alive to the mandate of Constitution and
is not empowered to trample upon the personal liberty of a
person when he has acted by malafides, as held by this Court
in the case of P.P. Sharma (supra).

B 48. It has already been noticed that the respondents before
the Advisory Board or before the trial court failed to bring on
record any evidence to frame the charges against the appellant
under Section 3 of the Police (Incitement to Disaffection) Act,
1992 and under Section 505(1 )(b) of the IPC or under the Tamil
C Nadu Act 14of1982. In spite of the same, 1st respondent, 2nd
respondent, V.Jegannathan, the then Inspector General and
Commissioner of Police, Salem City and the 3rd respondent,
M. Ramasamy, the then Inspector of Police, Fairlands Police
Station, Salem City before this Court have taken similar plea
that the appellant was inciting the police personnel in Tamil
D Nadu to form an association to fight for their rights and toured
the districts of Coimbatore, Tiruchirapalli, Pudukottai and
Chennai City and incited the serving police personnel over
forming of an association, and acted in a manner prejudicial
to the maintenance of public order. By way of additional affidavit
E certain so called statements of persons have been enclosed
which have been filed without any affidavit and were neither the
part of the trial court recbrd or material placed before the
Advisory Board. The aforesaid action on the part of the 1st, 2nd,
3rd and 4th respondent in support of their act of detaining the
F appellant illegally by placing some material which has beyond
the record justifies the appellant's allegation that the
respondents abused their power and position to support their
unfair order.

49. In view of the observation made above, though we do
G not give specific finding on mala fide action on the part of the
1st, 2nd, 3rd and 4th respondent but we hold that the
respondent-State and its officers have 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
H
N. SENGODAN v. SCY. TO GOVT. HOME DEPTT,, 387

~~ '*
~
CHENNAI [SUDHANSU JYOTI MUKHOPADHAYA, J.]
Nadu Act 14 of 1982 in lodging a Criminal Case No.11/98 A
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.

50. This Court in the case of Bhut Nath Mete vs. State of
B
WB., (1974) 1 SCC 645, held that an "Administrative order
which is based on reasons of fact which do not exist must,
therefore, be held to be infected with an abuse of power''. The
~ present case is also covered by the observation as we find that
the action taken by the respondents based on reasons of fact
which do not exist, therefore, the same is held to be infected c
with an abuse of power.

51. In view of the finding aforesaid, we allow the appeal
and impose a cost of Rs.2 lacs on the State of Tamil Nadu for
).- payment in, favour of the appellant. The respondents are D
" directed to ensure the payment within two months. However,
there shall be no separate order as to costs.

Bibhuti Bhushan Bose Appeal allowed.

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