MADURAI: Accepting the state government's stand that it is not feasible to implement the court's suggestion to amend the Goondas Act (Act 14 of 1982) for providing detention powers to inspector generals of police (IGs) in the state, the Madurai Bench of the Madras High Court recently closed a habeas corpus petition on which the suggestion was made.
A Bench of justices MS Ramesh and M Nirmal Kumar closed the petition after the public prosecutor requested that the existing system may be allowed to continue as such. He told the court that a detailed study was conducted by the government and it was decided that the system now in vogue is going smoothly.
Observing that when the government had taken a policy decision stating that such an amendment is not feasible, the court would not interfere with it, the judges closed the matter.
The earlier bench comprising Justices R Suresh Kumar and KK Ramakrishnan had given the suggestion while quashing the detention order passed against the petitioner Nagaraj's son Tamilalagan. They pointed out that the district collectors, who presently function as the detaining authority, are overburdened with several responsibilities.
If Section 3(2) of Act 14 of 1982, is amended enabling all commissioners of police and IGs to act as detaining authority, it would reduce the collectors' burden and also minimise the miscarriage of justice in some cases, the judges had opined in their order dated June 19, 2023. Though the government had earlier replied to the court that the proposal is under consideration, they later informed that such an amendment may not be feasible.