The Madras High Court Bench here on Friday quashed preventive detention of Dravida Munnetra Kazhagam men V.P. Pandi alias ‘Attack' Pandi (35), V.K. Gurusamy (55), M. Ochubalu (46) and T. Arumugam alias ‘Kudamurutti' Arumugam (40) under the Goondas Act.
Allowing individual habeas corpus petitions, a Division Bench comprising Justice M. Jaichandren and Justice S. Nagamuthu held that the detention orders got vitiated as there was unexplained delay in considering the representations made by the accused to the government with a plea to revoke the orders.
The judges relied on various Supreme Court rulings wherein it was held that an unexplained delay in the disposal of the representation made by detainees would amount to breach of the Constitutional imperative and it would render the continued detention impermissible and illegal.
While the Commissioner of Police, Madurai City, had passed the detention orders with respect to Attack Pandi, Gurusamy and Ochubalu between July 28 and August 17, the Tiruchi Commissioner of Police had passed the order relating to ‘Kudamurutti' Arumugam on August 1.