CHENNAI: An order dated September 16 last year of the Chennai City Police Commissioner detaining former DMK councillor K Dhanasekaran of KK Nagar under the Goondas Act was set aside by the Madras High Court on Thursday.
The detention order was illegal and unjustified in view of the fact that the same was not in accordance with the procedure established by law, a division bench comprising Justices Elipe Dharma Rao and M Venugopal said. The bench was allowing a habeas corpus writ petition from Dhanasekaran’s wife D Vijayakumari challenging the detention, praying for a direction to police to produce her husband in the court and to set him at liberty.
“It is latently and patently clear that the Police Commissioner has taken into account the extraneous matter into consideration at the time of passing the detention order,” the bench observed.
It could not be said that Dhanasekaran had acted in a manner prejudicial to the maintenance of public order. The criminal acts/cases complained against him were confined to specific private indiuviduals and they related only to law and order. They could be with under the ordinary criminal and other laws of the land applicable if any. In reality, the offences alleged against him did not affect adversely the maintenance of public order. There were no existence of sufficient reasons for the detention in the case on hand, the judges added, allowed the petition, set aside the detention and ordered the release of Dhanasekaran, if his presence was not needed in connection with any other offence/case.