Madras HC orders TN to pay Rs 50K to history-sheeter for illegal detention

Justice N Anand Venkatesh said that no law can say that only a paragon of virtues can be paid compensation and others are not entitled for the same
Justice N Anand Venkatesh passed the order on a petition filed by R Eswaran, seeking Rs 10 lakh compensation for his illegal detention in 2022.
Justice N Anand Venkatesh passed the order on a petition filed by R Eswaran, seeking Rs 10 lakh compensation for his illegal detention in 2022.
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MADURAI: The Madurai Bench of the Madras High Court recently directed the state home department to pay Rs 50,000 compensation to a history-sheeter for illegally detaining him for more than two months, even after the advisory board told the government to revoke the detention order.

Justice N Anand Venkatesh passed the order on a petition filed by R Eswaran, seeking Rs 10 lakh compensation for his illegal detention in 2022. A perusal of the order revealed that Eswaran was detained under the Goondas Act following an order passed by the Dindigul collector on November 23, 2021.

Subsequently, the advisory board, on December 30, 2021, concluded that there was no sufficient cause for his detention and told the government to revoke the detention order. However, the government revoked the detention order only on March 14, 2022, and released Eswaran three days later on March 17. Stating that he was illegally detained till March 17, Eswaran filed the above petition.

Additional Advocate General Veera Kathiravan contended that there was no illegal detention and it merely took some time to complete the process. He also stated that Eswaran is a history-sheeter and has 25 other criminal cases pending against him, and therefore, is not entitled to any compensation.

Justice Venkatesh noted from the government's counter affidavit that the advisory board's proceedings were approved by the state prohibition and excise minister on January 4, 2022. But the file was received by the home department only on March 14, 2022, and there is no explanation as to why there was a delay from January 5 to March 17, 2022, the judge said and held that the said period constitutes illegal detention.

He also observed that the government's contention about the petitioner being a history-sheeter and therefore is not entitled to compensation, is unsustainable. Justice Venkatesh pointed out that Article 21 of the Constitution, which guarantees personal liberty to Indian citizens, only uses the word 'person' and does not distinguish between a 'good person' and 'bad person'.

"No law can say that only a paragon of virtues can be paid compensation and others are not entitled for the same," he added and directed the government to pay Rs 50,000 compensation to Eswaran within a month.

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