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Detention under T.N. Goondas Act quashed

By Our Legal Correspondent

NEW DELHI AUG. 20. The Supreme Court has held that non-furnishing of any vital information relating to a detenu's bail before the detaining authority for its consideration would vitiate the preventive detention, which was liable to be quashed on this ground.

A Bench, comprising Justice N. Santosh Hegde and Justice B.P. Singh, gave the ruling while setting aside a detention made under the Tamil Nadu Goondas Act of a bootlegger of Dharmapuri holding that the vital fact of his having been released on bail (though he could not come out for non-furnishing of security) was not placed for consideration before the detaining authority.

In this case, K. Varadharaj was detained under the Goondas Act in November 2001.

Prior to that, he was arrested for indulging in bootlegging and, in this case, he was granted bail when the public prosecutor did not raise any objection but he could not come out.

He challenged his detention before the Madras High Court stating that the subjective satisfaction of the detaining authority was vitiated as it did not have before it the bail application and the order passed by the sessions court.

However, the High Court rejected the contention and dismissed the petition and the appeal was directed against the order.

Allowing the appeal, the Bench agreed with the contention of the petitioner's counsel, K.K. Mani, that the information pertaining to the detenu's bail application and the public prosecutor's "no objection" ought to have been placed before the detaining authority.

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