The Hindu : Tamil Nadu / Madurai News : Release of three Goondas Act detenus ordered

Online edition of India's National Newspaper
Sunday, Jan 09, 2005

Tamil Nadu

Tamil Nadu - Madurai

Release of three Goondas Act detenus ordered

By Our Staff Reporter

MADURAI, JAN.8. The Madurai Bench of the Madras High Court ordered the release of three detenus imprisoned under the Goondas Act on the ground that the cases for which they were detained related to law and order problem and not public order.

(The Goondas Act is invoked to prevent dangerous activities prejudicial to the maintenance of public order.)

Passing a common order on all three petitions filed by the detenus, a Division Bench comprising Justice P.D. Dinakaran and Justice S. Ashok Kumar ruled that there was a basic difference between law and order and public order.

"Any disorderly behaviour of a person in public or commission of a criminal offence is bound to mar peace in a locality and it may also affect law and order but the same will not affect the maintenance of public order at large," the Bench said.

Muthaiyan, Anbu and Rajendiran of Kulithalai in Karur district moved the Bench, challenging the Karur Collector's order branding them as goondas and detaining them under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1982. The order was passed on February 25 last, apprehending threat to public order, owing to their involvement in two murder cases.

According to the petitioners, murder cases pending against them were only based on individual motives and had nothing to do with public order. They also alleged that the authorities delayed disposing of their representations.

Stating that preventive detention becomes necessary in the larger interest of the society, though the measure is harsh, the Bench opined that the authorities should exercise power with caution and circumspection.

The order of the Bench also observed that there was undue delay on the part of the sponsoring authority (Kulithalai police station) in submitting the remarks called for by the Government.

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