CHENNAI: Holding that unexplained delay in issuing orders for detaining an accused person under the Goondas Act vitiates the detention order, the Madras High Court has quashed detention of a 50-year-old man in Chennai.
A division bench of justices AD Jagadish Chandira and K Govindarajan passed the orders recently to quash the detention of D Anand under the Goondas Act by the Greater Chennai Police (GCP). Anand was arrested on February 8, but the detention order was issued by the Commissioner of GCP on March 13, after a delay of about a month.
His mother T Rajeshwari of Raja Annamalaipuram filed the habeas corpus petition seeking quashing of the detention. The counsel for the petitioner submitted that the inordinate delay would vitiate the detention order. However, the additional public prosecutor contended that the detention order cannot be quashed only on the ground of delay and no prejudice was caused to the detenu due to such delay.
Referring to the gap between date of arrest and the detention order, the bench said, “This shows an inordinate delay in passing the detention order, which is also unexplained. The live and proximate link between the arrest of the detenu and the need for passing the order of detention has snapped.” It added, thus, on this sole ground alone, the impugned order of detention is liable to be set aside.
Citing the SC order in Sushanta Kumar Banik vs State of Tripura, the bench noted that the delay has not been attempted to be explained, thereby vitiating and invalidating the detention order. Setting aside the detention order, the bench ordered release of Anand forthwith unless his detention is required in any other cases.