CHENNAI: The Madras High Court has quashed the orders for invoking the Goondas Act against 18 accused in the Kallakurichi hooch deaths on the grounds of delay of invoking the Act, non-furnishing the documents in the language the accused are familiar with and long incarceration.
“The law of preventive detention is draconian. It infringes upon the liberty of a person, a fundamental right enshrined in the Constitution. Therefore, the law shall sparingly be invoked if only the detaining authority forms an opinion that there is likelihood of breach of public order,” a division bench of Justices SM Subramaniam and N Jothiraman observed while quashing the detention order.
The bench said it did not find any serious lapses in invoking the Act after the incident which happened on June 18 and 19 and caused public disorder. However, it noted that there has been an “enormous delay” in invoking the Act, which, according to the Supreme Court, is a ground for setting aside the order of detention.
Besides, the documents were not translated into the language some of the detenues are familiar with, thereby causing “prejudice”. The bench said they have been incarcerated already for five to six months, and quashed the order.
However, it added that the investigating agency, CBI, can oppose bail when it finds it necessary. The orders were passed on the habeas corpus petition filed by the relatives of the detenues.
Advocate General P S Raman urged the court to consider whether the detenues’ action caused a breach of public order or not. He enlisted the number of cases registered by the prohibition enforcement wing and the persons arrested in prohibition-related crimes. However, the bench said the police are foisting cases and proxies are made available for arrest for up to Rs 500 per day for their families’ expenses, thereby helping the real culprits to roam freely.