Madras HC bins detention of seven under Goondas Act over procedural errors

They said since there was no material to prove the contention, it showed a flaw in the procedure that has been adopted with regard to communicating to the detenus and the grounds of detention.

Madras High Court (File photo)

CHENNAI: Finding fault with lack of adherence to procedures, a division bench of the Madras High Court set aside the detention of seven persons under the Goondas Act in Ariyalur district. The bench, comprising justices M Sundar and M Nirmal Kumar, in a recent verdict, found that police failed to serve the document on the grounds for the detention within five days from the date of detention as per section 8 of the Goondas Act.

They said it amounted to infraction qua “earliest opportunity” to the detenues for making a representation to TN government against the detention, adding that translated copies (in Tamil) of the arrest intimation were also not provided to the detenues in three cases, violating the principles laid down in the celebrated DK Basu case.

The judges trashed the contention of the additional public prosecutor (APP) that the orders of detention were sent to the prison well in time but the delay was made by the detenues. They said since there was no material to prove the contention, it showed a flaw in the procedure that has been adopted with regard to communicating to the detenus and the grounds of detention.

“As there is a clear violation of section 8 of  the Act, i.e., the very statute under which, the preventive detention has been clamped on the seven detenues and there is also violation of DK Basu principle as regards translated copies not being given to the detenues in three cases, we have no hesitation in holding that the detention orders are liable to be set aside,” the judges said in the order.

The order was passed on Habeas Corpus petitions filed for revoking the detention of D Manojkumar, M Deiveegan, M Dhanavel, S Vetrikannan, M Vinoth, Indira, K Balu aka Balachandar under the Goondas Act for immoral trafficking and sexual offences by the Ariyalur police on 30 April, 2022.The judges ordered release of the seven detenues forthwith unless required in any other cases.

Court’s stand
It amounted to infraction qua “earliest opportunity” to the detenues for making a representation to TN government against the detention