The Madras High Court here has quashed an order detaining a 21-year-old youth under the Goondas Act.
A division bench comprising Justices V. Dhanapalan and G. Chockalingam quashed the order passed by the Madurai City Police Commissioner detaining S. Selvaraj under the Goondas Act on the grounds that there was delay in considering the detainee’s representation to recall the order.
The petitioner, S. Kunjaram, had claimed that her son Selvaraj was detained by the commissioner by his order dated May 27, 2013. Selvaraj submitted a representation to the Home, Excise and Prohibition department on June 10 to recall the order, she added.
The authorities of the Home, Excise and Prohibition department had called for remarks from the police on June 14, but the remarks were received only on June 24, Mrs. Kunjaram had alleged. An order rejecting Selvaraj’s representation was passed on July 10, she had claimed.
The Additional Public Prosecutor contended that Selvaraj had three criminal cases pending against him in the Sellur police station. He had obtained bail in two cases and there was a ‘real possibility’ of him coming out in bail in the third case as well which would be ‘prejudicial to the maintenance of public order’, the counsel argued.
In their order, the judges pointed out that there was a delay of six days (excluding holidays) in considering Selvaraj’s representation. “There is a clear delay of six days in considering the representation, which could be a factor definitely depriving the detainee's right guaranteed under the Constitution of India. Therefore, they said the delay vitiates the impugned order of detention, and is liable to be quashed on the ground of delay,” the judges ruled in their order.
