The Madras High Court on Thursday refused to exhibit any urgency in hearing a habeas corpus petition filed against the detention of advocate D. Jagadeesan, 32, who had allegedly hurled a footwear at the statue of ‘Periyar’ E.V. Ramaswamy at Anna Salai here on September 17, under the Goondas Act and said it would be heard in the usual course.
A Division Bench of Justices C.T. Selvam and M. Nirmal Kumar simply directed Additional Public Prosecutor M. Mohamed Riyaz to take notice on behalf of Commissioner of Police, Greater Chennai, who had issued the preventive detention order on September 18, and ascertain the official’s stand within two weeks on the plea to quash the detention order.
Advocate R. Sankarasubbu contended that Mr. Jagadeesan had been used as a “tool” by someone else. However, not impressed with the submissions, the judges said the case would be heard in the usual course after notice to the police and filing of counter affidavit in reply to the habeas corpus petition filed by the detainee’s wife.
The petitioner said the solitary incident was not sufficient to detain him under the The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act of 1982.
In her affidavit, she claimed that the alleged incident was purely related to law and order whereas the provisions of the Goondas Act could be invoked only if there had been an imminent threat to public order.
