The Madras High Court on Tuesday directed the Home Department, the DGP and the Directorate of Vigilance and Anti Corruption to issue a circular instructing law enforcing authorities to book public servants abetting sand smuggling under the Goondas Act.
A Bench of Justices S.M. Subramaniam and S. Ramathilagam passed the directions. “Considering the very purpose and object of the Goondas Act and the provision enumerated, this court is of the opinion that it is not only the persons who are committing the offence of sand smuggling who should be booked under the Act, but also the persons who are abetting such offences [who should be proceeded against under the legislation],” the bench said.
The direction comes a day after a special branch constable was murdered by the sand mafia in Nanguneri in Tirunelveli district on Monday when he tried to arrest the gang members for illegally lifting sand from the Nambiyar river bed.
‘Enforce law strictly’
The judges said that the implementation of law must be proper and effective. “If such laws are implemented in piece meal or at the whims and fancies of the executive/police officials, then we are afraid that the very objective of maintaining public peace and order would certainly fail.”
“We are informed that sand smuggling is frequently happening mostly with the knowledge of the jurisdictional police and revenue officials concerned. The public authority who is bound to prevent such illegal activities is adopting a compromising attitude or receiving mamools (bribes) from such offenders or closing their eyes and keeping silent,” the Bench said and added that it was painful that not a single case had been filed against such corrupt officials under the Act.
The judges added that there could not be any discrimination in the implementation of the Act. “Detaining a driver of a lorry who is involved in the offence alone will not serve the purpose nor can the same be construed as effective implementation of the Act; such piece meal implementation will not only encourage the habitual offenders but also provide scope for corrupt activities of executive or police officials,” they said.
