Denouncing the politically vindictive motive of the ADMK regime in passing two amendments to the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic offenders, Sand-offenders, Slum-grabbers and Video Pirates Act, 1982, popularly known as Goondas Act, bringing even first time offenders and single crime under its ambit, DMK President Kalaignar said these dangerous and anti-democratic amendments was an attempt to bury democracy so deeply so as not to allow its revival.
In his epistle to party cadre on August 14, Kalaignar noted that the ADMK regime has very urgently moved 19 bills on the last day of the session on 12,8.2014 and without allowing detailed debate on them passed them in haste, one of which related to two amendments to the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic offenders, Sand-offenders, Slum-grabbers and Video Pirates Act, 1982, popularly known as Goondas Act, bringing even first time offenders and cyber crimes under its ambit replacing the provision of ‘habitual offenders’. Already these rulers were invoking this Act against all those whom they disliked and arresting and detaining them. Not they were trying to seek another route to intimidate, suppress, paralyse all those who democratically question their wrong doings. Of course we have no objection to use this Act against sexual offenders and against other crimes. But these rulers were notorious for implicating those who expressed opinions against the regime and those democratically reacting as criminals and arresting them.
Writing about the ‘greatness’ of this bill the daily‘The Hindu’ stated, “If enacted, the amendments will mean that the principle that only habitual offenders will be detained under the Goondas Act will be changed to cover even a single offence, “which has a propensity to disturb public order”. In the same daily former Madras High Court judge K. Chandru said about the legislation, “The amendments will be violative of Article 22 of the Constitution, which prescribes the parameters for such detention laws” and further “Time and again, Justice Chandru says, High Courts had flagged abuse of the Goondas Act and have struck down numerous such detentions. In such a scenario, removing the term “Habitually” may make way for further misuse of the law by the police, he cautions.”
If arrested under this Act one could be detained in prison for one year without any trial reminding British imperialist laws. We know very well as to how this Act is being misused by tis regime. Particularly it is better to remember the verdicts and observations of judges on the actions taken by this regime.
Even when such an provision was not available under this Act immediately after the ADMK assumed power, on 30.7.2011 Veerapandi Arumugam, J.Anbazhagan MLA, in Tiruvarur Treasurer M.K.Stalin and Poondi Kalaivaanan, on 2.8.2011 Purasawalkam Ranganathan, on 4.8.2011 NKKP Raja in Erode, on 6.8.2011 Turupur city deputy secretary TKT Nagaraj, on 10.8.2011 Anita Radhakrishnan MLA in Tiruchendur and Salem Thammampatti town secretary, on 17.8.2011 Pongalur Mani in Coimbatore, on 25.8.2011 former Minister K.N.Nehru, Tiruchi city secretary Anbalagan and Coimbatore city secretary Veeragopal, on 27.8.2011 in Lalgudi Soundarapanidan MLA, in Kangeyam former Town Panchayat president AC Govindasamy, 29.8.2011 former mayor’s husband Gopinath in Madurai, on 1.9.2011 Tiruchengode municipality chairman, on 9.9.2011 in Chennai area party secretary K.Dhanasekaran, in Madurai Jayaraman, on 10.9.2011 Karuppusamy Pandian in Tirunelveli, on 11.9.2011 Minnalkodi in Madurai, on 18.9.2011 former Minister K.Ponmudi in Villupuram, on 19.9.2011 K.C.Palanisamy MLA in Karur, on 23.9.2011 former Minister KPP Samy in Chennai, on 2.11.2011 KPP Samy’s brothers and Isory Ganesh in Chennai on 3.6.2012 again former Ministers Veerapandi Arumugam, I.Periasamy and Madurai city party secretary Thalapathi were arrested with the evil intention of not allowing DMK functionaries to move around, and even after they were released on bail again foisting case on them on false complaints and even after they move the court and legally obtained bail Goondas Act was invoked against them and without trial they were lodged in jails. As this vindictive trend continues, without any other course, the party’s executive committee adopted a resolution and announced and the party conducted Jail filling stir condemning the vindictive attitude of the regime and on some other issues of the people.
The police filed a case against Pottu Suresh, who was later murdered, for purportedly obstructing the police from discharging their duty at the check post on Tirumangalam-Madurai road, and another land grabbing case against him. He was ordered to be arrested under Goondas Act which was challenged by R.L.Asokan of Madurai in the Madras High Court on which on 12.11.2011, a division bench of Justices C Nagappan and T Sudanthiram, allowing the habeas corpus petition filed by R L Asokan, said, “In the present case, the details of the bail orders in similar cases have not been given and hence the subjective satisfaction expressed by the detaining authority can only be termed as ipse dixit (a declaration that is so emphatic no supporting evidence is necessary) not based on cogent materials. Hence, the order of detention is vitiated.” The judges said the detaining authority’s observations that Suresh’s activities were detrimental to the maintenance of public peace and order was not based on any material and quashed the detention order.
In the petition filed by K.Subaramani of Virudhunagar pleading for quashing of Goodas Act detention order in the Madurai bench of the Madras High Court, justices K.Suguna and R.Mala quashed the detention order blaming the officials of mechanically invoking the Act without application of mind and not following the guidelines issued by the courts and imposed penalty of Rs 5,000 each on Virudhunagar district collector and inspector Guruvenkataraju to be paid to the detained person Subramani.
The ADMK regime purposely with a scheme arrested and imprisoned former Minister Veerapandi Arumugam under Goondas Act. Quashing the detention order on 13.10.2012, in nearly 90-page common order, a Division Bench of the Madras High Court comprising Justices K.N.Basha and N.Paul Vasanthakumar said it came to the irresistible conclusion that all the grounds raised by the detenus were sustainable.
Senior counsel for the detenus, N.Natarajan and R.Shanmugasundaram, argued that the detention orders were liable to be set aside as the grounds of detention as well as the booklet containing the documents were not served within five days as contemplated under Section 8 (1) of the Goondas Act. As a result, the detenus were unable to give an effective representation before the detaining authority within 12 days. The other points argued included that the Sponsoring Authority had failed to place the vital documents before the Detaining Authority. As such the subjective satisfaction arrived at by the Detaining Authority was vitiated, rendering the detention order illegal.
The Bench said it was evident that there was non-supply of the booklet containing the documents within five days. Because of this, the detenus were prevented from making an effective representation before the government objecting the approval of the detention orders. There was a clear violation of the statutory provision. Also, non-placing of vital documents before the Detaining Authority vitiated the impugned orders. If they had been placed, the Detaining Authority might have taken a different view. Justices Basha and Paul Vasanthakumar said the principles laid down by the Supreme Court in various decisions would make it clear that non-furnishing of material and vital documents also vitiated the detention. There was absolutely no `proximity’ and `live link’ between passing of the detention order and the offences alleged against the detenus. The detaining authority had not perused the entire material placed before him. The detenus had not acted in a manner prejudicial to the maintenance of public order”.
Can there be any more stricture than this on the Jayalalitha regime. Kalaignar asked.
In an unprecedented step, the Madras High Court disposed of 212 long pending habeas corpus petitions (HCPs) relating to detentions under the stringent Goondas Act on a day single day on 14.6.2014. Even though the day was a regular holiday for the court, a special sitting of a division bench, comprising Justice V Dhanapalan and Justice G.Chokkalingam, was held for the disposal of the habeas corpus petitions filed by the detenue over a period of time seeking to set aside their detentions. The bench allowed 157 habeas corpus petitions, closed another 55 based on the government’s contention that these detention orders were revoked by the Board constituted by it to review them. The court took up the HCPs in the wake of a PIL filed by advocate P.Pughalenthi, also the Director of Prisoners Rights Forum, praying for constitution of a special bench for the disposal of the petitions. The petitioner referred to an agitation by the prisoners in the Puzhal Central Prison here in April last against their continued detention and submitted that even though the total detention period under the Act was 12 months, they cannot be forced to complete the entire period when they have approached the court by means of petition under article 226 of Constitution challenging the detention orders. The petitioner further alleged that when a detenue was forced to undergo more than half of the period of total detention in prison due to non-availability of Judges or due to the pendency of his case in the court for any reason whatsoever, his right of speedy justice was grossly violated. He further claimed non-constitution of a special bench for deciding all these HCPs would be violative of Articles 14 and 21 of Constitution.
The daily ‘Indian Express’ on 5.8.2013 stated about this Act, “While there is concern over history-sheeters detained under the Goondas Act walking free using legal loop-holes, human rights advocates are equally-worried over the frequent political abuse of the legislation. They say the stringent legislation, whose objective is to contain anti-social elements, has become a political weapon to settle scores”
“Over the years, the Goondas Act has become a toothless law thanks to the sloppy enforcement by the bureaucracy and police. So much so that over 80 per cent of those detained under the Goondas Act manage to walk out of jail within a few months either on the orders of the judiciary or Advisory Board, thereby reducing the invocation of the Act to a mere ritual. Curiously, in most cases, the detentions are quashed on the grounds of ‘non-application of mind’ by the officials/officers concerned while passing the detention orders. The Madras High Court has time and again quashed the detentions due to the silly mistakes of the officials”. This showed how this Act is being recklessly executed without any application of mind, Kalaignar remarked.
But the ADMK regime has further tightened the Act more stringently and atrociously relaxing the proviso for ‘habitual offenders’ to ‘single offence’ with evil motive in these amendments. Denouncing the politically vindictive motive of the ADMK regime in passing two amendments to the Goondas Act, Kalaignar said these dangerous and anti-democratic amendments was an attempt to bury democracy so deeply so as not to allow its revival.
In his epistle to party cadre on August 14, Kalaignar noted that the ADMK regime has very urgently moved 19 bills on the last day of the session on 12,8.2014 and without allowing detailed debate on them passed them in haste, one of which related to two amendments to the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic offenders, Sand-offenders, Slum-grabbers and Video Pirates Act, 1982, popularly known as Goondas Act, bringing even first time offenders and cyber crimes under its ambit replacing the provision of ‘habitual offenders’. Already these rulers were invoking this Act against all those whom they disliked and arresting and detaining them. Not they were trying to seek another route to intimidate, suppress, paralyse all those who democratically question their wrong doings. Of course we have no objection to use this Act against sexual offenders and against other crimes. But these rulers were notorious for implicating those who expressed opinions against the regime and those democratically reacting as criminals and arresting them.
Writing about the ‘greatness’ of this bill the daily‘The Hindu’ stated, “If enacted, the amendments will mean that the principle that only habitual offenders will be detained under the Goondas Act will be changed to cover even a single offence, “which has a propensity to disturb public order”. In the same daily former Madras High Court judge K. Chandru said about the legislation, “The amendments will be violative of Article 22 of the Constitution, which prescribes the parameters for such detention laws” and further “Time and again, Justice Chandru says, High Courts had flagged abuse of the Goondas Act and have struck down numerous such detentions. In such a scenario, removing the term “Habitually” may make way for further misuse of the law by the police, he cautions.”
If arrested under this Act one could be detained in prison for one year without any trial reminding British imperialist laws. We know very well as to how this Act is being misused by tis regime. Particularly it is better to remember the verdicts and observations of judges on the actions taken by this regime.
Even when such an provision was not available under this Act immediately after the ADMK assumed power, on 30.7.2011 Veerapandi Arumugam, J.Anbazhagan MLA, in Tiruvarur Treasurer M.K.Stalin and Poondi Kalaivaanan, on 2.8.2011 Purasawalkam Ranganathan, on 4.8.2011 NKKP Raja in Erode, on 6.8.2011 Turupur city deputy secretary TKT Nagaraj, on 10.8.2011 Anita Radhakrishnan MLA in Tiruchendur and Salem Thammampatti town secretary, on 17.8.2011 Pongalur Mani in Coimbatore, on 25.8.2011 former Minister K.N.Nehru, Tiruchi city secretary Anbalagan and Coimbatore city secretary Veeragopal, on 27.8.2011 in Lalgudi Soundarapanidan MLA, in Kangeyam former Town Panchayat president AC Govindasamy, 29.8.2011 former mayor’s husband Gopinath in Madurai, on 1.9.2011 Tiruchengode municipality chairman, on 9.9.2011 in Chennai area party secretary K.Dhanasekaran, in Madurai Jayaraman, on 10.9.2011 Karuppusamy Pandian in Tirunelveli, on 11.9.2011 Minnalkodi in Madurai, on 18.9.2011 former Minister K.Ponmudi in Villupuram, on 19.9.2011 K.C.Palanisamy MLA in Karur, on 23.9.2011 former Minister KPP Samy in Chennai, on 2.11.2011 KPP Samy’s brothers and Isory Ganesh in Chennai on 3.6.2012 again former Ministers Veerapandi Arumugam, I.Periasamy and Madurai city party secretary Thalapathi were arrested with the evil intention of not allowing DMK functionaries to move around, and even after they were released on bail again foisting case on them on false complaints and even after they move the court and legally obtained bail Goondas Act was invoked against them and without trial they were lodged in jails. As this vindictive trend continues, without any other course, the party’s executive committee adopted a resolution and announced and the party conducted Jail filling stir condemning the vindictive attitude of the regime and on some other issues of the people.
The police filed a case against Pottu Suresh, who was later murdered, for purportedly obstructing the police from discharging their duty at the check post on Tirumangalam-Madurai road, and another land grabbing case against him. He was ordered to be arrested under Goondas Act which was challenged by R.L.Asokan of Madurai in the Madras High Court on which on 12.11.2011, a division bench of Justices C Nagappan and T Sudanthiram, allowing the habeas corpus petition filed by R L Asokan, said, “In the present case, the details of the bail orders in similar cases have not been given and hence the subjective satisfaction expressed by the detaining authority can only be termed as ipse dixit (a declaration that is so emphatic no supporting evidence is necessary) not based on cogent materials. Hence, the order of detention is vitiated.” The judges said the detaining authority’s observations that Suresh’s activities were detrimental to the maintenance of public peace and order was not based on any material and quashed the detention order.
In the petition filed by K.Subaramani of Virudhunagar pleading for quashing of Goodas Act detention order in the Madurai bench of the Madras High Court, justices K.Suguna and R.Mala quashed the detention order blaming the officials of mechanically invoking the Act without application of mind and not following the guidelines issued by the courts and imposed penalty of Rs 5,000 each on Virudhunagar district collector and inspector Guruvenkataraju to be paid to the detained person Subramani.
The ADMK regime purposely with a scheme arrested and imprisoned former Minister Veerapandi Arumugam under Goondas Act. Quashing the detention order on 13.10.2012, in nearly 90-page common order, a Division Bench of the Madras High Court comprising Justices K.N.Basha and N.Paul Vasanthakumar said it came to the irresistible conclusion that all the grounds raised by the detenus were sustainable.
Senior counsel for the detenus, N.Natarajan and R.Shanmugasundaram, argued that the detention orders were liable to be set aside as the grounds of detention as well as the booklet containing the documents were not served within five days as contemplated under Section 8 (1) of the Goondas Act. As a result, the detenus were unable to give an effective representation before the detaining authority within 12 days. The other points argued included that the Sponsoring Authority had failed to place the vital documents before the Detaining Authority. As such the subjective satisfaction arrived at by the Detaining Authority was vitiated, rendering the detention order illegal.
The Bench said it was evident that there was non-supply of the booklet containing the documents within five days. Because of this, the detenus were prevented from making an effective representation before the government objecting the approval of the detention orders. There was a clear violation of the statutory provision. Also, non-placing of vital documents before the Detaining Authority vitiated the impugned orders. If they had been placed, the Detaining Authority might have taken a different view. Justices Basha and Paul Vasanthakumar said the principles laid down by the Supreme Court in various decisions would make it clear that non-furnishing of material and vital documents also vitiated the detention. There was absolutely no `proximity’ and `live link’ between passing of the detention order and the offences alleged against the detenus. The detaining authority had not perused the entire material placed before him. The detenus had not acted in a manner prejudicial to the maintenance of public order”.
Can there be any more stricture than this on the Jayalalitha regime. Kalaignar asked.
In an unprecedented step, the Madras High Court disposed of 212 long pending habeas corpus petitions (HCPs) relating to detentions under the stringent Goondas Act on a day single day on 14.6.2014. Even though the day was a regular holiday for the court, a special sitting of a division bench, comprising Justice V Dhanapalan and Justice G.Chokkalingam, was held for the disposal of the habeas corpus petitions filed by the detenue over a period of time seeking to set aside their detentions. The bench allowed 157 habeas corpus petitions, closed another 55 based on the government’s contention that these detention orders were revoked by the Board constituted by it to review them. The court took up the HCPs in the wake of a PIL filed by advocate P.Pughalenthi, also the Director of Prisoners Rights Forum, praying for constitution of a special bench for the disposal of the petitions. The petitioner referred to an agitation by the prisoners in the Puzhal Central Prison here in April last against their continued detention and submitted that even though the total detention period under the Act was 12 months, they cannot be forced to complete the entire period when they have approached the court by means of petition under article 226 of Constitution challenging the detention orders. The petitioner further alleged that when a detenue was forced to undergo more than half of the period of total detention in prison due to non-availability of Judges or due to the pendency of his case in the court for any reason whatsoever, his right of speedy justice was grossly violated. He further claimed non-constitution of a special bench for deciding all these HCPs would be violative of Articles 14 and 21 of Constitution.
The daily ‘Indian Express’ on 5.8.2013 stated about this Act, “While there is concern over history-sheeters detained under the Goondas Act walking free using legal loop-holes, human rights advocates are equally-worried over the frequent political abuse of the legislation. They say the stringent legislation, whose objective is to contain anti-social elements, has become a political weapon to settle scores”
“Over the years, the Goondas Act has become a toothless law thanks to the sloppy enforcement by the bureaucracy and police. So much so that over 80 per cent of those detained under the Goondas Act manage to walk out of jail within a few months either on the orders of the judiciary or Advisory Board, thereby reducing the invocation of the Act to a mere ritual. Curiously, in most cases, the detentions are quashed on the grounds of ‘non-application of mind’ by the officials/officers concerned while passing the detention orders. The Madras High Court has time and again quashed the detentions due to the silly mistakes of the officials”. This showed how this Act is being recklessly executed without any application of mind, Kalaignar remarked.
But the ADMK regime has further tightened the Act more stringently and atrociously relaxing the proviso for ‘habitual offenders’ to ‘single offence’ with evil motive in these amendments. Denouncing the politically vindictive motive of the ADMK regime in passing two amendments to the Goondas Act, Kalaignar said these dangerous and anti-democratic amendments was an attempt to bury democracy so deeply so as not to allow its revival.
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