The Hindu : Tamil Nadu News : Goondas Act applies to `video pirates': court

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Saturday, Apr 30, 2005

Tamil Nadu

Tamil Nadu

Goondas Act applies to `video pirates': court

Mohamed Imranullah S.

Amendment relates to preventive detention, rules Madurai Bench

MADURAI: The Madurai Bench of the Madras High Court on Friday held as valid the inclusion of "video pirates" under the Tamil Nadu Prevention of Dangerous Activities Act, popularly known as the Goondas Act, by way of an amendment last year.

Dismissing a habeas corpus petition moved by the father of a person from Tiruchi, branded as a "video pirate" and detained under the Act, a Division Bench, comprising Justice P.K. Misra and Justice A.R. Ramalingam, said the amendment in pith and substance related to preventive detention and hence it was valid.

The contention of the petitioner was that the State legislature was not competent to enact a law concerning copyright, since it was an exclusive Central subject. Rejecting the petitioner's contentions, the Bench observed, "the amended provision does not purport to be a legislation relating to any matter coming within the scope of entry 49 of Union list or any matter already covered under the Copyright Act. The enactment purports to be a provision relating to preventive detention."

Not a punitive measure

An order of preventive detention was not a punitive measure but only aimed at preventing a person from committing a crime likely to prejudicially affect security of a State or maintenance of public order or of supplies and services essential to community, the Bench said. "It is of no consequence that while enacting such law, the offence in respect of which such preventive detention law is required to be made is an offence under a central Act enacted as per Union list or Concurrent list or a State Act enacted under the State list or Concurrent list."

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