Last Updated on August 17, 2024 by Administrator
The Madras High Court, in a significant ruling, criticized the State of Tamil Nadu for its indiscriminate use of the preventive detention law under the Tamil Nadu Prevention of Dangerous Activities Act, commonly known as the Goondas Act. The Bench, comprising Justices SM Subramaniam and V Sivagnanam, expressed concern over the State’s casual approach to invoking this law against citizens, stressing the importance of correctly identifying who qualifies as a “Goonda.”
The Court underscored that the State must reassess its criteria for applying the Goondas Act, warning that casual invocation of such stringent laws could lead to illegal detentions. Citing a Supreme Court report, the Bench highlighted that it often takes an average of 181 days for a detainee to secure relief under preventive detention laws, a delay that the Court found unacceptable.
The observations came during the hearing of a petition filed by C. Selvaraj, who sought to quash a preventive detention order issued against him in connection with a financial fraud case. The State authorities had accused Selvaraj of facilitating fraudulent bank transactions using bogus accounts and salary certificates, leading to the issuance of loans and credit cards amounting to significant sums. Despite the State’s argument that preventive detention was necessary to prevent further fraud, the Court disagreed.
The Bench determined that the allegations against Selvaraj, involving individual offenses related to bank transactions, did not justify the use of the Goondas Act. The Justices emphasized that these were individual criminal offenses requiring police investigation rather than preventive detention. The Court concluded that there was no element of public order breach in the case, which is essential for invoking the preventive detention law.
Consequently, the High Court quashed the detention order against Selvaraj, allowing his petition. The ruling serves as a reminder of the judiciary’s role in ensuring that preventive detention laws are applied only in appropriate circumstances, protecting citizens from undue infringement on their liberty.
