CHENNAI: The detention of DMK ex-councillor K Dhanasekaran of KK Nagar under the Goondas Act was upheld by the Madras High Court on Wednesday.
“We do not find any reason to interfere with the detention order passed by the detaining authority (Chennai City Police Commissioner),” a division bench comprising Justices K Mohanram and GM Akbar Ali said.
The bench was dismissing a habeas corpus writ petition from Dhanasekaran’s wife D Vijayakumari, to produce him in the court and to set him at liberty. Dhanasekaran was detained under the Goondas Act by the orders of the CoP dated September 16 last year. His pre-detention representation dated September 6 had not been placed before the detaining authority and on this ground alone the detention order was liable to be set aside, his counsel argued. The bench pointed out that the averments/allegations made in the September 6 representation were found in the anticipatory bail applications filed by Dhanasekaran in some other cases and the same had been placed before the detaining authority and considered by him. Therefore, the non-placement of the representation would not amount to non-application of mind on the part of the detaining authority and, therefore, on this ground, the order of detention could not be set aside, the bench added.
The bench also suggested that the government set up a separate cell/section to deal with the pre-detention and post-detention representations of the detainees. It hoped that from now onwards, such an arrangement would be made by the CoP and other detaining authorities in the State.